Patna High Court
Ashutosh Kumar Singh @ Ashutosh Singh @ Kittu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Ashutosh Kumar Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 13.98 litres of liquor were recovered from behind his house. He claimed innocence, arguing that the liquor was found in an open area accessible to all and that no incriminating material was found in his possession. The State opposed bail, citing the petitioner’s two prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023. The court considered the facts, the period of custody since 29‑12‑2025, and the lack of direct evidence against the petitioner. Concluding that the circumstances did not warrant continued detention, the court granted bail on a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3305 of 2026
Arising Out of PS. Case No.-276 Year-2025 Thana- PANAPUR District- Saran
======================================================
Ashutosh Kumar Singh @ Ashutosh Singh @ Kittu Singh S/o- Awadhesh
Kumar Singh @ Awadhesh Singh Vill- Kondh, P.o- Rampur, Rudra Ps-
Panapur Dist- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jeetendra Narayan, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Panapur PS Case No. 276 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 13.980 liters
liquor was recovered from behind the house of petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
that recovery is made from behind the house of the petitioner,
Patna High Court CR. MISC. No.3305 of 2026(2) dt.19-01-2026
2/2
which is an open place accessible to one and all. The petitioner
is in custody since 29.12.2025 and has got two criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Panapur PS Case
No. 276 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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