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Patna High Court

Akash Kumar @ PanditversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                                   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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