Patna High Court
Ankit Kumar @ Ankit SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Indian Penal Code — s. 272, 273, 308/34
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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