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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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