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Patna High Court

Ankur Singh @ Ankur Kumar @ Arunjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The Court dismissed the petitioner's bail application, refusing regular bail.

Summary

The petitioner, Ankur Singh, was arrested in connection with a case involving the recovery of 640 litres of spirit and charged under Section 317(5) of the B.N.S. and Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was falsely implicated, that no incriminating material was found on him, and that his name appeared only in the self‑inculpatory statement of a co‑accused. The petitioner, who has a prior criminal antecedent and is already on bail in another matter, sought regular bail and assured cooperation with the trial. The State, represented by an Additional Public Prosecutor, opposed the bail on the ground of the large quantity of spirit seized. The Court, noting the seriousness of the offence and the massive quantity involved, declined to grant bail and dismissed the application.

Issues considered

  • What is the appropriate decision on the petitioner's application for regular bail in light of the alleged offences and the large quantity of spirit recovered?

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • contraband seizure
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26838 of 2026
                        Arising Out of PS. Case No.-33 Year-2026 Thana- DEV District- Aurangabad
                 ======================================================
                 Ankur Singh @ Ankur Kumar @ Arunjay Kumar Son of Janardhan Singh
                 Resident of Village- Ghiribighah, P.S.- Mali, District- Aurangabad, Pin-
                 824303

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramendra Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms.Shaheen Begum, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   06-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner seeks bail in connection with Deo

                   P.S. Case No. 33/2026 registered for the offences punishable

                   under Section 317(5) of B.N.S. and Sections 30(a), 34 and 36

                   of Bihar Prohibition and Excise Amendment Act, 2022.

                                3. As per the prosecution case, the recovery is of 640

                   liters of spirit from one Momtaz Khan.

                                4. Learned counsel for the petitioner submits that

                   petitioner has falsely been implicated in the case. No

                   incriminating articles has been recovered from his possession.

                   Learned counsel further submits that the name of the petitioner

                   has come in the self-inculpatory statement of the co-accused.
              Patna High Court CR. MISC. No.26838 of 2026(2) dt.06-05-2026
                                                          2/2




                        Petitioner has one criminal antecedent in which he is on bail and

                        he is in custody since 06.02.2026. The petitioner undertakes to

                        co-operate in the case/ trial.

                                     5. Learned APP for the State has opposed the prayer

                        for regular bail of the petitioner.

                                     6. Considering the huge quantity of spirit recovered,

                        this Court is not inclined to grant bail to the petitioner.

                                     7. Accordingly, this application stands dismissed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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