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Patna High Court

Akash KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was denied.

Summary

Akash Kumar applied for anticipatory bail after being implicated in a theft of a motorcycle and alleged liquor smuggling under Sections 317(2), 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence despite having three prior criminal antecedents. The State opposed the bail, arguing the seriousness of the allegations. Justice Sandeep Kumar examined the merits and, considering the nature of the accusations, dismissed the anticipatory bail application. The court directed the petitioner to surrender and seek regular bail before the trial court.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • theft
  • liquor smuggling
  • Bihar law
  • bail application

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38220 of 2026
                    Arising Out of PS. Case No.-998 Year-2025 Thana- MOTIHARI TOWN District- East
                                                       Champaran
                 ======================================================
                 Akash Kumar S/o- Shri Ramchndra Sah R/v- Hindri Bazar Ps- Town District-
                 East Champaran

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajesh Kumar
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   16-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                   2. The petitioner apprehends his arrest in

                   connection with Town P.S. Case No. 998 of 2025 registered for

                   the offence under Sections 317(2), 3(5) of B.N.S. and Section

                   30(a) of Bihar Prohibition and Excise Act.

                                   3. As per the prosecution case, petitioner is alleged

                   of committing theft of a motorcycle and he is further accused of

                   smuggling liquor.

                                    4. It has been submitted by the learned counsel for

                   the petitioner that the petitioner is innocent and he has falsely

                   been implicated in this case. Petitioner has three criminal

                   antecedents.
              Patna High Court CR. MISC. No.38220 of 2026(2) dt.16-06-2026
                                                          2/2




                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner.

                                        6. Considering the allegations levelled against the

                        petitioner, this application is dismissed.

                                        7. The petitioner is directed to surrender and pray

                        for regular bail in the court below.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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