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Patna High Court

Akash Kumar @ Chhotu @ PachtakiyaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as there is no material evidence linking the petitioner to the seized liquor and he was not apprehended from the spot.

Summary

The petitioner, Akash Kumar, was charged under Section 317(2) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition & Excise Act, 2016 for alleged involvement in the transport of illicit liquor. The police intercepted a white Scorpio vehicle carrying 450 litres of Nepali liquor; one co‑accused was apprehended and identified the petitioner, who had fled the scene and was not seized. No liquor or other incriminating material was recovered from the petitioner, and he had been in custody since 16‑05‑2026. The petitioner argued that he was falsely implicated and sought bail, while the State opposed. The court, noting the lack of material evidence, the petitioner’s non‑apprehension at the spot, and the length of custody, ordered his release on bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail was granted with standard compliance requirements.

Issues considered

  • Whether bail should be granted when the accused was not apprehended at the scene and no incriminating material has been recovered against him.
  • Whether the period of pre‑trial custody and pending charge‑sheet justify the grant of bail.
  • Whether the conditions prescribed under Section 480(3) of the Bharatiya Nyaya Sanhita are applicable in this bail application.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • Section 317
  • Section 30
  • Section 480
  • suspicion
  • no material evidence
  • pre‑trial custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42201 of 2026
                      Arising Out of PS. Case No.-99 Year-2025 Thana- BHUTAHI District- Sitamarhi
                 ======================================================
                 Akash Kumar @ Chhotu @ Pachtakiya S/O Ramesh Ray @ Ramesh Prasad
                 Yadav Resident of Village- Pipara Parsain Lalbandi Darbar, P.S.- Sonbarsa,
                 District -Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Bhutahi P.S. Case No. 99 of 2025 registered for

                   the alleged offences under Section 317(2) of Bharatiya Nyaya

                   Sanhita, 2023 and Section 30(a) of the Bihar Prohibition &

                   Excise Act, 2016.

                                03. As per prosecution case, secret information was

                   received about transportation of illicit liquor in a white coloured

                   Scorpio vehicle. On seeing the police party, the driver of vehicle

                   tried to run away with the vehicle but the said vehicle was

                   intercepted and two persons tried to escape but one of them was

                   apprehended and another miscreant fled away. The apprehended
Patna High Court CR. MISC. No.42201 of 2026(2) dt.01-07-2026
                                            2/3




          co-accused disclosed the name of this petitioner who fled away

          from the spot. On search of the vehicle, recovery of 450 liters of

          country made Nepali liquor was made.

                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. Nothing incriminating has been recovered from person or

          possession of the petitioner who was not apprehended from the

          spot. Except for suspicion, there is no material against the

          petitioner who has no concern either with the seized liquor or

          the apprehended co-accused or the seized vehicle. Learned

          counsel further submits that the petitioner is having antecedent

          of one case in which he is on bail. The petitioner is in custody

          since 16.05.2026.

                       05. Learned APP for the State opposes the submission

          made on behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner was not apprehended from the spot and

          no recovery has been shown from his possession and further

          considering the period of custody of the petitioner along with

          submission of charge-sheet, the petitioner above named is

          directed to be released on bail on furnishing bail bonds of Rs.
           Patna High Court CR. MISC. No.42201 of 2026(2) dt.01-07-2026
                                                       3/3




                     10,000/- (ten thousand) with two sureties of the like amount

                     each to the satisfaction of learned Exclusive Special Excise

                     Court No. 1, Sitamarhi/court concerned in connection with

                     Bhutahi P.S. Case No. 99 of 2025, subject to the conditions

                     mentioned in Section 480(3) of BNSS and the following

                     conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each and

                                  every date fixed by the court below.

                                  (iii) In case of absence on three consecutive dates

                                  or in violation of the terms of the bail, the bail

                                  bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                                       (Arun Kumar Jha, J)
Ashish/-

U      T


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