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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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