Patna High Court
Akash Kumar @ Chhotu @ PachtakiyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bharatiya Nyaya Sanhita, 2023 — s. 317(2), 480(3)
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
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
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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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