Patna High Court
Ankit Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond with two sureties.
Summary
The petitioner, Ankit Kumar Singh, applied for bail in a case registered under Section 30(A) of the Bihar Prohibition of Excise (Amendment) Act, alleging that the 95 litres of country-made liquor seized near Brahmsthaan was recovered from an open place and not from his possession. He contended that the seizure was effected without compliance with Section 105 of the BNSS and that he has no prior criminal record, having been in judicial custody since 09‑01‑2026. The State opposed the bail, arguing the seriousness of the offence. After hearing both sides, the Court noted the procedural lapse in the seizure and the petitioner's clean antecedent, and decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties of equal amount, to be satisfied before the Exclusive Special Excise Court No.2, Siwan.
Issues considered
- Whether bail should be granted to the petitioner despite the seizure of liquor under Section 30(A) of the Bihar Prohibition of Excise (Amendment) Act.
- Whether the failure to comply with Section 105 of the BNSS during seizure warrants denial of bail.
- Whether the petitioner's lack of criminal antecedent and custodial status affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act — s. 105
Subjects
- bail
- excise law
- seizure
- Section 30A
- Section 105
- criminal procedure
- no antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17264 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- EXCISE MAHARAJGANJ District- Siwan
======================================================
Ankit Kumar Singh S/o Jyot Narayan Singh R/o Village - BhavnaGanj
Jalalpur, P.S.- Daraundha, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shyamli Kumari, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 23-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Maharajganj (Excise) P.S. Case No.07 of 2026 registered
for the offence punishable under Sections 30(A) Bihar
Prohibition of Excise (Amendment) Act.
3. The case of the prosecution, in short, is that near
Brahmsthaan, altogether 95 liter of country made liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that from perusal of the seizure list it
is clear that the recovery was made from an open place.
Learned counsel for the petitioner has submitted that nothing
Patna High Court CR. MISC. No.17264 of 2026(2) dt.23-03-2026
2/2
has been recovered from the possession of this petitioner. The
witnesses of the seizure list are police personnel and police
has not compled Section 105 of the BNSS while making
seizure. Learned counsel for the petitioner has further
submitted that the petitioner is having no criminal antecedent
and he is in judicial custody since 09.01.2026.
5. The application for bail is opposed by learned
APP for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court
is inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned court
of Exclusive Special Excise Court No.2, Siwan, in connection
with Maharajganj (Excise) P.S. Case No.07 of 2026.
(Ashok Kumar Pandey, J)
durgesh/-
U T
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