Patna High Court
Ankit Kumar @ Ankit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail is warranted as the seizure was not conducted per statutory provisions and the petitioners have a clean antecedent, subject to bail bond and conditions under Section 482(2).
Summary
The petitioners, Ankit Kumar and Sumit Kumar, were implicated in a case (Panapur P.S. Case No. 107 of 2026) for allegedly possessing 144 litres of foreign liquor seized from a bamboo orchard, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They applied for anticipatory bail, contending that the orchard was public, the search and seizure violated Sections 103 and 105 of the BNSS, and that they were falsely implicated by hostile locals despite having clean antecedents. The State opposed the bail. After hearing both sides, the court considered the procedural lapses in the seizure and the petitioners' clean record, and ordered that they be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The order is conditional on the petitioners surrendering within six weeks to the Special Excise Judge. The bail is granted to ensure liberty while the investigation proceeds.
Issues considered
- Whether anticipatory bail can be granted in an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the search and seizure complied with the procedural requirements of Sections 103 and 105 of the BNSS.
- Whether the petitioners' clean antecedent and the alleged hostile motive of the informants justify granting bail.
- Whether the conditions prescribed under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita are satisfied.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 103, 105
Subjects
- anticipatory bail
- prohibition law
- excise
- search and seizure
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34467 of 2026
Arising Out of PS. Case No.-107 Year-2026 Thana- PANAPUR District- Saran
======================================================
1. Ankit Kumar @ Ankit Singh S/o Ranjan Singh @ Rajnikant Singh R/o
Village - Dubauli, P.S.- Panapur, District - Saran.
2. Sumit Kumar S/o Sudama Singh R/o Village - Khajuri, P.S.- Panapur,
District - Saran
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Prasoon Kumar
For the Opposite Party/s : Mrs. Suman Kumari Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application for anticipatory bail arises out
of Panapur P.S. Case No. 107 of 2026, registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the allegation, 144 liters of foreign liquor
was recovered from a bamboo orchard. The allegation against
the petitioners is that the petitioners were allegedly the persons
having fled away from the place of occurrence and the said fact
was disclosed by the local villagers.
4. Learned counsel for the petitioners has submitted
that the petitioners have been made accused at the instance of
Patna High Court CR. MISC. No.34467 of 2026(2) dt.19-05-2026
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local persons, inimical to him. It has further been submitted that
the bamboo orchard does not belong to the petitioners and is an
open space accessible to all. The procedure of search and
seizure as prescribed under Sections 103 and 105 BNSS have
not been followed. It has lastly been submitted that the
petitioners have clean antecedent.
5. Learned counsel for the State opposed the prayer
of anticipatory bail of the petitioners.
6. Heard the parties and perused the record.
7. Considering the facts and circumstances, let the
petitioner above named, in the event of his arrest/surrender
within six weeks from today in the Court below, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each with two sureties of the like amount each to the satisfaction
of the learned Exclusive Special Excise Judge, 2nd Court, Saran
at Chapra, in connection with Panapur P.S. Case No. 107 of
2026, subject to the conditions as laid down under Section
482(2) of the Bhartiya Nagrik Suraksha Sanhita.
(Praveen Kumar, J)
Pawan/-
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