Patna High Court
Akash Kumar @ PanditversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Akash Kumar, sought anticipatory bail fearing arrest in a case (Dumraon P.S. Case No. 37 of 2026) involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 68.74 litres of illicit liquor were recovered. He asserted innocence, stating he was not caught in possession, has a clean antecedent, and that his father was also arrested in connection with the same incident. The State opposed the bail application. The Court, after considering the petitioner’s clean record and the circumstances, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to attend the police station monthly, subject to verification of his antecedent and compliance with conditions under Section 482(2) of the BNSS. The order expressly limited its observations to the bail application and clarified they should not affect the trial’s merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and lack of being caught on the spot justify granting bail.
- What conditions, if any, may be imposed under Section 482(2) of the BNSS in granting anticipatory bail.
Legislation cited
- Bihar Negotiable Sale and Settlement Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedent
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30632 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- DUMRAO District- Buxar
======================================================
Akash Kumar @ Pandit S/O Buddhi Ram Ray R/O Village- Maharaura, P.S-
Dumraon, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma
For the Opposite Party/s : Ms. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Dumraon P.S. Case No. 37 of 2026 registered for offences
under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
68.74 liters of illicit liquor.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has not committed any offence.
It is further submitted that the petitioner was not caught on the
spot with liquor and claims to have clean antecedents. It is also
stated that his father was arrested in connection with the same
occurrence.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.30632 of 2026(2) dt.08-05-2026
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the prayer for bail.
6. Considering the facts and circumstances of the
case, clean antecedent of the petitioner and the submission
advanced on behalf of the petitioner, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned Court below
where the case is pending/successor Court in connection with
Dumraon P.S. Case No. 37 of 2026 subject to the conditions as
laid down under Section 482(2) of the BNSS.
(i). The petitioner will mark his
attendance at the Dumraon Police Station
on the first Sunday of each month. Any
default in appearance at the Police Station
would result in cancellation of bail bond of
the petitioner.
(ii). At the time of accepting the
bail bonds of the petitioner, the Court below
shall verify the fact whether the petitioner
has clean antecedent or not. If it is found
that the petitioner has clean antecedent then
only his bail bonds shall be accepted by the
Court below. However, it is made clear that
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.
Patna High Court CR. MISC. No.30632 of 2026(2) dt.08-05-2026
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8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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