Patna High Court
Ankit Kumar GuptaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to specified conditions.
Summary
The petitioners, Ankit Kumar Gupta and Suman Kumar, were arrested on suspicion of involvement in the recovery of 109.345 liters of liquor from two bags on a train, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that no incriminating material was found on them, they had no connection to the bags or liquor, and that their arrest was solely based on suspicion without compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of evidence, the petitioners' clean record, and the duration of custody since 03‑11‑2025, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs. 15,000 each, two sureties, and conditions regarding family surety and appearance in court. The bail may be cancelled if the petitioners default on two consecutive appearances.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and lack of incriminating material.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were complied with in the arrest.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- suspicion
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91349 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- SASARAM RAIL P.S. District- Gaya
======================================================
1. Ankit Kumar Gupta S/o Thakur Prasad Gupta R/o Village - Sakari, P.S -
Kudara, District - Kaimur
2. Suman Kumar S/o Pradeep Ram R/o Village - Padari, P.S - Shiv Sagar,
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with
Sasaram P.S. Case No. 69 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 109.345 liters
liquor was recovered from two bags at train and both the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91349 of 2025(2) dt.19-01-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submits that the petitioners have
got no concern with the alleged bags. The petitioners have been
arrested only on the basis of suspicion. The alleged recovery has
been made from train, an open place and the same is easily
accessible to the public at large. The petitioners are in custody
since 03.11.2025 and have got no criminal antecedent. There is
no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Sasaram P.S. Case
No. 69 of 2025, subject to the following conditions;
(I) One of the bailors shall be own/close member of
the family of the petitioners.
Patna High Court CR. MISC. No.91349 of 2025(2) dt.19-01-2026
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(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
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