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Patna High Court

Ankit Kumar @ Ankit SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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/-

U     T


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