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Patna High Court

Aakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed the application and granted regular bail to each petitioner.

Summary

The petitioners, seven individuals, were arrested from two boats after 658.080 liters of illicit foreign liquor were seized, and were charged under Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act. They filed an application for regular bail, claiming false implication, clean antecedents, and non‑compliance with Section 103 of the B.N.S.S. The State opposed the bail on the ground of the seriousness of the excise offences. The Court examined the facts, the period of custody since 06‑02‑2026, and the petitioners' background. Considering the circumstances, the Court directed that each petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of equal amount. The application for bail was therefore allowed.

Issues considered

  • Whether regular bail should be granted to the accused in a case under the Bihar Prohibition and Excise Act involving large quantities of illicit liquor
  • Whether the alleged non‑compliance with Section 103 B.N.S.S. bars the grant of bail

Legislation cited

Subjects

  • bail
  • excise offence
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18890 of 2026
                        Arising Out of PS. Case No.-828 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
           1.     Aakash Kumar S/o Jay Shree Ram Resident of village - Balban tola, ward
                  no. 6, P.S.- Doriganj, Distt. - Chhapra, Saran
           2.    Chandan Kumar S/o Sethlal Rai @ Seth Lal Rai R/o vill - Balban Tola, ward
                 no. 6, P.S.- Doriganj, Distt.- Chhapra, Saran
           3.    Nitish Kumar @ Nitesh Kumar S/o Chhathi Lal Choudhary @ Chhotelal R/o
                 vill - Navi Ganj, P.S.- Rivilganj, Distt.- Chhapra, Saran
           4.    Guddu Kumar S/o Raj Bihari Rai R/o vill - Naya Tola Goriya Asthan, P.S.-
                 Maner, Distt.- Patna
           5.    Vishal Kumar @ Vishal Kumar Rai S/o Sikandar Rai R/o vill - Naya Tola
                 Goriya Asthan, P.S.- Maner, Distt.- Patna
           6.    Sharvan Kumar S/o Shivnath Rai R/o vill - Naya Tola Goriya Asthan, P.S.-
                 Maner, Distt.- Patna

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Hemant Ray, Advocate
                 For the Opposite Party/s :         Mr. Abhay Kumar Roy, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   25-03-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners have preferred this application for

                   grant of regular bail in connection with Excise P.S. Case No.

                   828 of 2026 dated 05.02.2026 registered for the offences

                   punishable under Sections 30(a), 41 and 56(b) of Bihar

                   Prohibition and Excise Act.

                                3. As per the allegation, seven persons including six
           Patna High Court CR. MISC. No.18890 of 2026(2) dt.25-03-2026
                                                       2/2




                     petitioners were arrested from two separate boats and from the

                     boat altogether 658.080 liters of illicit foreign liquor was

                     recovered.

                                  4. Learned counsel for the petitioners submits that

                     they have falsely been implicated in this case and there is no

                     compliance of Section 103 B.N.S.S. Petitioners have clean

                     antecedents and they are in custody since 06.02.2026.

                                  5. Learned A.P.P. for the State has vehemently

                     opposed the prayer for bail petition of the petitioners.

                                  6. Considering the facts and circumstances of the case

                     as well as the period of custody, the petitioners above-named,

                     are directed to be enlarged on bail on furnishing bail-bond of

                     Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                     the like amount each to the satisfaction of learned Court

                     concerned, Patna, in connection with Excise P.S. Case No. 828

                     of 2026.

                                  7. The application stands allowed.



                                                (Praveen Kumar, J)
shivam/-

U      T


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