Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Ashish Kumar applied for anticipatory bail after learning that he might be arrested in a case involving alleged offences under Sections 317(5), 318(4), 338, 336(3), 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case was based on the recovery of 10 litres of country‑made liquor from a motorcycle belonging to co‑accused Sohit Kumar and a bag seized from co‑accused Devanti Devi. The petitioner contended that no incriminating article was found in his possession, he had no connection with the seized liquor or the motorcycle, and he possessed a clean antecedent. The State opposed the grant of anticipatory bail. Considering the nature of the accusation, the absence of any material recovered from the petitioner, and his clean record, the Court allowed the anticipatory bail, directing a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Bihar Narcotic Substances Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and lack of incriminating material in his possession
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 318(4), 336(3), 338, 3(5), 482(2)
Subjects
- anticipatory bail
- liquor seizure
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
- Section 482
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80131 of 2025
Arising Out of PS. Case No.-357 Year-2025 Thana- RAMPUR District- Gaya
======================================================
Ashish Kumar, S/o Santosh Kumar Resident of vill.- Bishunpura, Police
station- Cherki, Distict- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kamal Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-01-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 317(5),
318(4), 338, 336(3) and 3(5) of the BNS and Section 30(a) of
the Bihar Prohibition and Excise Act.
3. As per prosecution case, 10 litres country made
liquor was recovered from the bike of the co-accused Sohit
Kumar and a bag in hand of co-accused Devanti Devi.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
Patna High Court CR. MISC. No.80131 of 2025(2) dt.15-01-2026
2/2
petitioner has neither concerned with the motorcycle nor from
the seized liquor. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner 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 learned Additional Sessions Judge-
cum-Exclusive Special Excise Court No. 1st, Gaya Jee in
connection with Rampur P.S. Case No. 357 of 2025, subject to
condition as laid down under Section 482(2) of the B.N.S.S.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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