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Patna High Court

Ashutosh Kumar Singh @ Ashutosh Singh @ Kittu SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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