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Patna High Court

Ankit Kumar GuptaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                         3/3




                                    (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/-

U       T


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