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Patna High Court

Ankit Kumar @ Ankit SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner subject to a bail bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Summary

The petitioner, Ankit Kumar, was implicated in a case involving the illegal manufacture and sale of liquor, with offences under Sections 272, 273, 308/34 of the IPC and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution recovered 299.64 litres of illicit liquor from the premises of a co-accused and alleged that the petitioner fled the scene. The petitioner contended that the premises did not belong to him, no incriminating material was found in his possession, and he has a clean antecedent. The State opposed the anticipatory bail application. The Court, after considering the facts, granted anticipatory bail, directing that if arrested within eight weeks the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the alleged involvement in illicit liquor offences.
  • Whether the petitioner’s lack of possession of incriminating material and clean antecedent justify bail.
  • Whether the conditions imposed under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are appropriate.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • IPC
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 482
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71750 of 2025
                     Arising Out of PS. Case No.-162 Year-2020 Thana- JAMOBAZAR District- Siwan
                 ======================================================
                 Ankit Kumar @ Ankit Singh S/o- Suresh Singh Resident of Village- Marachhi
                 PS- Jamo Bazar, Dist- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Gajendra Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr. Kumar Ranjit Ranjan, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 272, 273, 308/34 of the

                   Indian Penal Code and Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 299.64 litres illicit liquor

                   was recovered from the Dalan of co-accused Vishal Singh.

                   Petitioner is alleged to have fled away from the spot.

                                4. Learned counsel for the petitioner submits that the

                   dalan in question does not belong to the petitioner. No

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.
              Patna High Court CR. MISC. No.71750 of 2025(2) dt.05-02-2026
                                                          2/2




                                     5. Learned A.P.P. for the State vehemently opposed

                        the bail application.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, this anticipatory bail is allowed and it is ordered that

                        let the above named petitioner in the event of his

                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

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

                        amount each to the satisfaction of Exclusive Special Excise

                        Court No. 1, Siwan in connection with Jamo Bazar P. S. Case

                        No. 162 of 2020, subject to condition as laid down under

                        Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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