Patna High Court
Aakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
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
- B.N.S.S. — s. 103
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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