Patna High Court
Akash Kumar @ Bittu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Akash Kumar, was arrested on 23 March 2026 in connection with a case involving the alleged recovery of 185 litres of country‑made Mahua liquor from a motorcycle, alleged to be an offence under Section 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022. The petitioner claimed he was innocent, not the owner of the motorcycle, and that the seizure was conducted by police personnel without complying with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting the petitioner had four other pending cases, two of which were already on bail. The Court, after considering the procedural lapses in the seizure and the petitioner’s claim of non‑involvement, ordered that bail be granted on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was directed to be executed without delay for verification purposes.
Issues considered
- What is the appropriate decision on the petitioner's bail application in light of the alleged offence under the Bihar Prohibition & Excise Amendment Act, 2022?
- Whether the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023, warrants granting bail?
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- procedural compliance
- seizure
- Mahua liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27974 of 2026
Arising Out of PS. Case No.-65 Year-2026 Thana- BARHARA District- Bhojpur
======================================================
Akash Kumar @ Bittu Kumar S/o Late Shiv Prasad Ray @ Late Vijay Ray
R/o vill - Lala Ke Tola, P.S.- Barhara, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priya, Advocate
For the State : Mr. Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Ms. Priya, learned counsel for the petitioner
and Mr. Shyam Bihari Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
23.03.2026, in connection with Barhara P.S. Case No. 65 of
2026, F.I.R. dated 22.03.2026 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition &
Excise Amendment Act 2022.
3. Recovery is of 185 litres of country made Mahua
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. She further submits that it appears from the F.I.R.
as well as seizure list that altogether 185 litres of country made
Mahua liquor was recovered from the motorcycle in question.
Patna High Court CR. MISC. No.27974 of 2026(2) dt.27-04-2026
2/3
Learned counsel for the petitioner submits that the petitioner has
no concern at all with the alleged recovery of illicit liquor or the
motorcycle in question and petitioner is not the owner of the
motorcycle in question. Further submits that from perusal of the
seizure list it appears that the seizure list witnesses are police
personnel so there is non-compliance of Sections 103 and 105 of
BNSS, 2023 and the petitioner is in custody since 23.03.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner and submits that the petitioner carries four more cases
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that out of four cases, petitioner
is on bail in two cases and rest two cases are pending for
consideration before the competent court of law.
6. Considering the facts and circumstances of the case
and the fact that there is non-compliance of Sections 103 and
105 of the BNSS, 2023, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Court No. 1st,
Bhojpur at Ara in connection with Barhara P.S. Case No. 65 of
2026, subject to the following conditions :-
Patna High Court CR. MISC. No.27974 of 2026(2) dt.27-04-2026
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(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U
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