Patna High Court

Akash Kumar @ Om Prakash KumarversusThe State of Bihar

Decided: 9 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The court granted anticipatory bail to the petitioners subject to surrender and bail bond conditions.

Summary

The petitioners, Akash Kumar and Golu Ram, applied for anticipatory bail fearing arrest in a case (Nasriganj P.S. Case No. 285 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based on information that a group on a bike fled the scene and a co‑accused identified the petitioners, though no material was recovered from them. The petitioners contended they are innocent, have no criminal antecedents, and were falsely implicated. The State opposed the bail. After hearing both sides, the High Court ordered that the petitioners be granted anticipatory bail, directing them to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

Whether anticipatory bail should be granted to the petitioners in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the identification by a co‑accused, without any seizure of contraband, justifies denial of bail.
Whether conditions under Section 482(2) of the B.N.S.S. can be imposed on the grant of anticipatory bail.

Legislation cited

B.N.S.S. — s. 482(2)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
bail bond
sureties
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5599 of 2026
                      Arising Out of PS. Case No.-285 Year-2025 Thana- NASRIGANJ District- Rohtas
                 ======================================================
           1.     Akash Kumar @ Om Prakash Kumar S/o- Jokhan Thakur @ Jokhan Sharma
                  Resident of village- Gohi tola Ps- Ayar kotha District- Rohtas at Sasaram
           2.    Golu Ram @ Premchand Kumar S/o- Vijay Ram @ Vijendra Ram Resident
                 of village- Gohi tola Ps- Ayar kotha District- Rohtas at Sasaram




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



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chhote Lal Mishra, Adv.
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   09-02-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2.The instant application for anticipatory bail has

                   been filed by the petitioners apprehending their arrest in

                   connection with Nasriganj P.S. Case No. 285 of 2025 instituted

                   for the offence under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3.The case of the prosecution in short is that the

                   police had information that four to five persons on a bike were

                   coming. It is further alleged that some of the accused persons
Patna High Court CR. MISC. No.5599 of 2026(2) dt.09-02-2026
                                            2/3




          started fleeing away. The apprehended person disclosed the

          names of the fled-away accused persons.

                       4. Learned counsel appearing on behalf of the

          petitioners has submitted that petitioners are innocent and have

          committed no offence. They have falsely been implicated in

          this case. He also submits that nothing has been recovered from

          the possession of the petitioners rather their name was

          disclosed by the apprehended co-accused person. He further

          submits that a statement has been made in para-3 of this

          petition that the petitioners have got no criminal antecedent.

                       5. In contra, learned APP appearing for the State has

          opposed the prayer of bail of the petitioners.

                       6. Having heard learned counsel for the parties and in

          the facts and circumstances of the case as stated above, this

          Court is inclined to enlarge the petitioners on bail. The

          petitioners are directed to surrender in the Court below within a

          period of four weeks from today and in the event of their arrest

          or surrender in connection with Nasriganj P.S. Case No. 285 of

          2025, they will be enlarged on bail on furnishing bail bond of

          Rs. 10,000/- (Rupees ten thousand) each with two sureties of

          the like amount each to the satisfaction of learned Exclusive

          Special Judge, Excise-II, Sasaram, Rohtas subject to the
           Patna High Court CR. MISC. No.5599 of 2026(2) dt.09-02-2026
                                                       3/3




                     conditions as laid down under section 482(2) of the B.N.S.S.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

Continue reading with your account

Checking your session…