Patna High Court
Ankit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Ankit Kumar, was arrested in connection with the seizure of 345.6 litres of illicit foreign liquor from a pick‑up vehicle, alleged to be a violation of Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act. He contended that he was merely the driver, had no knowledge of the contraband, and that the police failed to comply with Section 105 of the B.N.S.S. during the seizure. The State opposed bail, citing two prior similar offences against the petitioner. After hearing both sides, the court considered the lack of knowledge, procedural irregularities, and the petitioner’s custody since 25‑02‑2026, and decided to grant regular bail on a bond of Rs 10,000 with two sureties. The order directs his release subject to satisfaction of the Special Judge, Excise‑II, Kaimur.
Issues considered
- Whether the petitioner is entitled to regular bail despite alleged involvement in a large illicit liquor seizure.
- Whether the alleged non‑compliance with Section 105 of the B.N.S.S. during seizure affects the bail application.
- Whether the petitioner’s prior criminal antecedent of two similar cases precludes the grant of bail.
Legislation cited
- B.N.S.S. — s. 105
Subjects
- bail
- excise
- illicit liquor
- seizure
- procedural lapse
- prior criminal antecedent
- Bihar Prohibition and Excise Amendment Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28205 of 2026
Arising Out of PS. Case No.-106 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Ankit Kumar, S/O Kanhaiya Singh, Resident of Village - Gopalpur, P.S-
Bhanas, District- Rohats,Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Usha Rai, Advocate
For the Opposite Party/s : Mr.Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30(a), 32(i)
(iii) and 41(i)(ii) of the Bihar Prohibition and Excise
Amendment Act.
3. The case of the prosecution, in short is that from a
Pick-up, altogether 345.600 liters of illicit foreign liquor was
recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
been falsely implicated in this case. Learned counsel for the
petitioner has submitted that petitioner is merely a driver of the
vehicle. He was unaware of the consignment. Nothing has been
Patna High Court CR. MISC. No.28205 of 2026(2) dt.04-05-2026
2/2
recovered from his possession. It has further been submitted that
the witnesses of the seizure list are police personnel. Police has
not complied Section 105 of the B.N.S.S. while making the
seizure. Petitioner is languishing in judicial custody since
25.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail and has
submitted that petitioner is having criminal antecedent of two
cases of similar nature.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Bhabhua Excise P.S. Case No. 106 of 2026 on furnishing bail
bond of Rs.10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of learned Special Judge,
Excise-II, Kaimur, Bhabua.
(Ashok Kumar Pandey, J)
lata/-
U T
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