Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PARTHA SARTHY
Holding
The Court denied regular bail to the petitioner.
Summary
Akash Kumar, a co‑driver, was arrested after 355.4 litres of country liquor were recovered from a vehicle in Gopalganj. He was charged under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016. The petitioner applied for regular bail, contending that he was neither the owner nor the driver and had no knowledge of the contraband. The State opposed the bail, highlighting the large quantity seized and the petitioner's prior conviction under the same Act. The Court, after considering the seriousness of the offence and the antecedent, refused bail, allowing the petitioner to re‑apply after one year of custody.
Issues considered
- Whether the petitioner is entitled to regular bail despite not being the owner or driver of the vehicle and lacking incriminating material in his possession.
- Whether the nature of the offence and the petitioner's antecedent under the Bihar Prohibition and Excise Act justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32
Subjects
- regular bail
- excise offence
- prohibition law
- antecedent
- co‑driver
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18166 of 2026
Arising Out of PS. Case No.-847 Year-2025 Thana- Excise P.S. District- Gopalganj
======================================================
Akash Kumar Son of Satyadev Mahato @ Satdev Resident Of Village-
Raghunandanpur, PS- Fulwariya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Deepankar Raj, Advocate
For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
3 07-05-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Excise P.S. Case no.847
of 2025 registered under sections 30(a) and 32 of the Bihar
Prohibition and Excise Act, 2016.
3. As per the prosecution case, 355.4 litres of country
liquor was recovered from the vehicle in question and the
petitioner who was present in the vehicle was taken into
custody.
4. Learned counsel for the petitioner submits that the
petitioner is neither the owner nor the driver of the vehicle in
question. He is only the co-driver and did not know about the
contents of the goods loaded. No incriminating article has been
recovered from his possession and he is in custody since
Patna High Court CR. MISC. No.18166 of 2026(3) dt.07-05-2026
2/2
22.12.2025. He undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations of recovery of 355.4
litres of country liquor from the vehicle in question, the
petitioner having been arrested at the spot together with the
petitioner having an antecedent under the Bihar Prohibition and
Excise Act, 2016, the Court is not inclined to enlarge the
petitioner on bail and the application is rejected.
7. Liberty is granted to the petitioner to renew his
prayer for bail after completing one year in custody.
(Partha Sarthy, J)
Shiv/-
U T
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