Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioners.
Summary
The petitioners, Aakash Kumar and Aaditya Kumar, were arrested on 02‑02‑2026 after 83.640 litres of liquor was recovered from a car in a Buxar Excise case. They applied for bail, claiming innocence, lack of incriminating material in their possession, and that they were merely a driver and passenger unaware of the contraband. The State opposed bail, invoking the provisions of the Bihar Prohibition and Excise Act. The court noted the petitioners' clean antecedents, the length of their pre‑trial custody, and the absence of compliance with Section 103 of the B.N.S.S., 2023, and consequently decided to grant bail. Each petitioner was ordered 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 under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material and clean antecedent justify bail despite the recovery of liquor.
- Whether compliance with Section 103 of the B.N.S.S., 2023 is required for bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- clean antecedent
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15451 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- Excise P.S. District- Buxar
======================================================
1. Aakash Kumar S/o Santosh Kumar @ Santosh Kumar Shrivastav Resident
of Village- Samanpura (Rajabazar), P.S.- Rupaspur, District- Patna
2. Aaditya Kumar S/o Ajay Kumar Yadav Resident of Village- Usari
Laxmichak Sikarpur, P.S.- Sahpur, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arun Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in Buxar Excise P.S. case
No. 45 of 2026 instituted for the offences under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 83.640 liters
liquor was recovered from car and the petitioners were arrested
on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioners. The petitioners
Patna High Court CR. MISC. No.15451 of 2026(2) dt.13-03-2026
2/2
have got no concern with the alleged recovery of liquor. It is
further submitted that petitioner No. 1 is the driver of the car
and the petitioner No. 2 was passenger sitting in the car and they
had no knowledge regarding the nature of goods kept in vehicle.
The petitioners are in custody since 02.02.2026 and have got no
criminal antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioners and the period of
custody undergone by the petitioners, this Court is inclined to
grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Buxar Excise P.S.
case No. 45 of 2026.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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