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Patna High Court

Ankaj KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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