Patna High Court

Ankit KumarversusThe State of Bihar

Decided: 30 January 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted pre‑arrest bail to the petitioner, subject to a bond and sureties under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Summary

The petitioner, Ankit Kumar, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 90 litres of illicit liquor. He contended that he was falsely implicated merely as the owner of the bike used and that no liquor was recovered from his possession, while two co‑accused had already been granted regular bail. The State opposed the bail on the ground of the petitioner’s prior criminal antecedent. The Court examined whether the nature of the allegation and the antecedent justified denial of bail and considered the applicability of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding the allegations not sufficiently grave to deny bail, the Court ordered the petitioner to be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2).

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 applies to the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
Section 30(a)
Section 482(2)
criminal antecedent
excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88878 of 2025
                     Arising Out of PS. Case No.-375 Year-2025 Thana- DEHRI TOWN District- Rohtas
                 ======================================================
                 Ankit Kumar S/O Sunil Singh Yadav R/O Vill./Mohalla- Idgah, Ward no. 22,
                 P.S.- Dehri (T), Dist.- Rohtas, Sasaram
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rameshwar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   30-01-2026                Heard Mr. Rameshwar Singh, learned counsel appearing

                   on behalf of the petitioner and Mr. Sanjay Kumar Pandey, learned

                   APP for the State.

                              2. The petitioner seeks pre-arrest bail in connection with

                   Dehri (T) P.S. Case No. 375 of 2025 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

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

                   were transporting 90 liters of country-made liquor on a bike.

                              4. Learned counsel appearing on behalf of the petitioner

                   submitted that the petitioner has been falsely implicated in the

                   case. Learned counsel for the petitioner submits that the petitioner

                   has been implicated in this case as he is the owner of the said

                   bike. He also submits that nothing has been recovered from the

                   possession of the petitioner. The petitioner was having no
           Patna High Court CR. MISC. No.88878 of 2025(2) dt.30-01-2026
                                                       2/2




                     information regarding the alleged recovery. He also submits that

                     two persons who were carrying the liquor have been granted

                     regular bail by this court passed in Cr. Misc. No. 68540 of 2025.

                               5. Learned APP for the State has vehemently opposed the

                     prayer for grant of pre-arrest bail to the petitioner and submits that

                     the petitioner is having criminal antecedent of one case.

                               6. Considering the nature of allegation against the

                     petitioner, the petitioner, above named, is directed to be released

                     on pre-arrest bail, in the event of his arrest or surrender before the

                     Court below within a period of four weeks from today, on

                     furnishing bail bond of Rs. 10,000/- (Ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Special Judge Excise-I, Rohtas at Sasaram in connection with

                     Dehri(T) P.S. Case No. 375 of 2025 subject to the condition as

                     laid down under Section 482(2) of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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