Patna High Court
Ankaj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court held that bail should be granted, subject to a bond, sureties, and conditions of attendance.
Summary
Ankaj Kumar was arrested in connection with the seizure of 540 litres of illicit liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that the recovery was made from an open area, that identification was based solely on the testimony of a Mahal Choukidar, and that statutory procedures for search and seizure were not complied with. The State opposed bail, citing two prior criminal antecedents, although the petitioner was already on bail in those matters. The Court examined the facts, the procedural allegations, and the petitioner’s antecedents, and concluded that bail could be granted with appropriate safeguards. Accordingly, the Court ordered release on a bail bond of Rs.10,000 with two sureties, subject to conditions regarding a blood‑relative bailor and mandatory court attendance.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the alleged non‑compliance with search and seizure provisions warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents preclude bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- illicit liquor
- search and seizure
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35920 of 2026
Arising Out of PS. Case No.-180 Year-2026 Thana- BANIAPUR District- Saran
======================================================
Ankaj Kumar S/o Havaldar Prasad @ Bahoram Prasad R/o vill - Nagdiha,
P.s.- Baniapur, Distt.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Anuj, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 08-06-2026 Heard learned counsel for the petitioner and
learned APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 540 litre of illicit
liquor was recovered from the bush.
4. Learned counsel for the petitioner submits that
the recovery has been made from an open place, which is easily
accessible to all, however, identification of the petitioner has
been made by Mahal Choukidar. Further, there is no
compliance of statutory provisions of search and seizure. The
petitioner is in custody since 20.04.2026.
5. Learned APP for the State opposed the grant of
Patna High Court CR. MISC. No.35920 of 2026(2) dt.08-06-2026
2/2
bail on the ground that the petitioner has two criminal
antecedents. However, in response it has been submitted that
the petitioner is on bail in both the cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned 1st Exclusive Special
Excise Court, Saran at Chapra/concerned Court below in
connection with Baniapur P.S. Case No. 180 of 2026 subject to
condition that:-
(i) One of the bailors will be his own blood
relative, preferably, father, mother, brother, sister.
(ii) The petitioner shall remain physically present
in court on each and every date during trial and in the event of
failure on two consecutive dates without sufficient reasons, his
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
anand/-
U T
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