Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Ankit Kumar, was arrested in connection with a case (Udwantnagar PS Case No. 617 of 2025) for alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, where 193.31 litres of liquor were recovered from a public area. He contended that he was falsely implicated, no liquor was found in his possession, he has no prior criminal record, and the recovery was from an open place accessible to the public. The petitioner also argued that the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, were not complied with. The State opposed bail. Considering the lack of incriminating material against the petitioner, his clean record, and the circumstances of the recovery, the Court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of recovery from a public place.
- Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, mandates denial of bail.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- liquor seizure
- false implication
- criminal antecedent
- Section 103
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12910 of 2026
Arising Out of PS. Case No.-617 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ankit Kumar Son of Shriram Singh @ Sriram Singh Resident of Village -
Udwantnagar, Police Station - Udwantnagar, District - Bhojpur, Bihar -
802210.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Udwantnagar P.S. Case No. 617 of 2025 instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 193.31
litres of liquor has been recovered from hut and straw heaps.
4. Learned counsel for the petitioner submitted that the
petitioner has falsely been implicated in the present case. No
incriminating article has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from an open place which is accessible to public at large. The
Patna High Court CR. MISC. No.12910 of 2026(2) dt.24-02-2026
2/2
petitioner has got no concern with the alleged recovery of
liquor. The petitioner is in custody since 30.12.2025 and has no
criminal antecedent. There is no compliance of Section 103 of
the Bharatiya Nagarika Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as also the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Udwantnagar P.S.
Case No. 617 of 2025.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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