Akash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Akash Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Barhiya PS Case No. 99 of 2025.

Issue for consideration

Whether the petitioner should be granted bail in connection with Barhiya PS Case No. 99 of 2025, instituted for offences under Section 30(a) of the Bihar Prohibition (Amendment) and Excise Act, 2018.

Court's answer

Considering the facts and circumstances of the case, the clean antecedent of the petitioner and the period of custody undergone by him, the Court was inclined to grant bail.

Ratio / Principle

The petitioner was ordered to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Barhiya PS Case No. 99 of 2025.

Detailed headnote1 paragraphs

Bail granted — Bihar Prohibition (Amendment) and Excise Act, 2018, S. 30(a) — High Court of Judicature at Patna, Criminal Miscellaneous No. 46237 of 2025, oral order of Rudra Prakash Mishra, J., dated 21-07-2025 — Petitioner Akash Kumar sought bail in Barhiya PS Case No. 99 of 2025 (Thana Barhiya, District Lakhisarai), wherein total 36 litres of foreign liquor was allegedly recovered from a yellow bag. Counsel for the petitioner pleaded innocence and false implication, submitted that no incriminating material was recovered from his conscious possession, that the recovery was made from an open place accessible to one and all, that he was in custody since 11.05.2025 with clean antecedent, and that there was no compliance of Section 103 of B.N.S.S.; the learned A.P.P. opposed the bail prayer. Considering the facts and circumstances, the petitioner's clean antecedent and the period of custody undergone, the Court granted bail: release on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of the Court below/concerned Court in connection with Barhiya PS Case No. 99 of 2025.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46237 of 2025

Arising Out of PS. Case No.-99 Year-2025 Thana- BARHIYA District- Lakhisarai

======================================================

Akash Kumar Son of Sanjay Kumar Choudhary Resident of Village - Sadlichak, P.S.- Gaurichak, District - Patna.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jainendra Kumar Pushkar, Advocate For the Opposite Party/s : Mr. Khurshid Anwar, APP ======================================================

... ... Opposite Party/s

CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

ORAL ORDER

2 21-07-2025

Heard learned counsel for the petitioner and

learned APP for the State.

The petitioner seeks bail in connection with Barhiya PS Case No. 99 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition (Amendment) and Excise Act, 2018.

The prosecution case, in short, is that total 36 litres of foreign liquor was recovered from yellow bag.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery

Patna High Court CR. MISC. No.46237 of 2025(2) dt.21-07-2025 2/2

of liquor. It is submitted that recovery is made from the open place which is accessible to one and all. The petitioner is in custody since 11.05.2025 and has got clean antecedent. There is no compliance of Section 103 of B.N.S.S.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

Considering the aforesaid facts and circumstances of the case, clean antecedent of the petitioner and the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of

Court below/concerned Court in connection with Barhiya PS Case No. 99 of 2025.

(Rudra Prakash Mishra, J)

Raj Ranjan/- U T