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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, holding that the circumstances justified release despite the pending charge under the Bihar Prohibition and Excise Act.

Summary

The petitioner, Ashutosh Kumar Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 10,500 litres of liquor near a temple. He claimed innocence, stating that no incriminating material was found in his possession and that the liquor was recovered from an open public place. The petitioner had been in custody since 6 January 2026 and possessed two prior criminal antecedents, and the prosecution argued that Section 103 of the BNSS, 2023 had not been complied with. The State opposed bail, but the Court, considering the lack of direct evidence, short period of custody, and the petitioner’s claim of false implication, decided to grant bail. The Court ordered the petitioner to be released on a bail bond of Rs.15,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • liquor seizure
  • Section 30(a)
  • Section 103
  • criminal antecedents
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.3596 of 2026
                       Arising Out of PS. Case No.-323 Year-2025 Thana- PANAPUR District- Saran
                 ======================================================
                 Ashutosh Kumar Singh @ Ashutosh Singh @ Kittu Singh S/O Awadhesh
                 Kumar Singh @ Awadhesh Singh R/O Vill- Kondh, P.O- Rampur Rudra, P.S-
                 Panapur, Dist- Saran at Chapra- 841424.

                                                                                  ... ... 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. Shyam Bihari Singh, 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. 323 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 10.500 liters

                   liquor was recovered near the temple.

                           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 from an open place, which is accessible to one
           Patna High Court CR. MISC. No.3596 of 2026(2) dt.19-01-2026
                                                       2/2




                     and all. The petitioner is in custody since 06.01.2026 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. 323 of 2025.


                                                                  (Rudra Prakash Mishra, J)

Raj Kishore/-

U      T


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