Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 317(2), 3(5)
- Bihar Prohibition and Excise Act — s. 30(a)
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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