Allowed¶17

Ashish Kumar v. The State of Bihar

Patna HC22 Jul 2026CR. MISC./49058/2026

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.49058 of 2026, decided 22-07-2026 by Shailendra Singh, J (oral order): anticipatory bail allowed to Ashish Kumar apprehending arrest in Gopalganj Excise P.S. Case No. 346/2025 (Sections 30(a) and 32, Bihar Prohibition & Excise Act); release on arrest/surrender within six weeks on bail bond of Rs. 20,000/- with two sureties of the like amount each; conditions under Section 482(2) BNSS; no precedent cases cited; State of Bihar represented by APP Akbar Ali, petitioner by Harsh Anuj, Adv.

What did the court decide?

Anticipatory bail in connection with Gopalganj Excise P.S. Case No. 346/2025: release upon arrest/surrender within six weeks on furnishing bail bond of Rs. 20,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS. ¶17

Ashish Kumar Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

¶17

Issue for consideration

Whether the petitioner, apprehending arrest in Gopalganj Excise P.S. Case No. 346/2025 registered for offences under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, deserves anticipatory bail.

¶12

Court's answer

Considering the petitioner's submissions, the averments made in his petition and his fair and clean antecedent, the petitioner deserves the relief of anticipatory bail.

¶17

Ratio / Principle

In the event of arrest or surrender before the learned court below within six weeks, the petitioner is to be released on anticipatory bail in connection with Gopalganj Excise P.S. Case No. 346/2025 on furnishing a bail bond of Rs. 20,000/- with two sureties of the like amount each.

¶17

Key takeaways

The grant of anticipatory bail is subject to the conditions laid down under Section 482(2) of the BNSS.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail granted — Petitioner apprehending arrest in Gopalganj Excise P.S. Case No. 346/2025, registered for offences under Sections 30(a) and 32 of the Bihar Prohibition & Excise Act, was held deserving of anticipatory bail in view of his submissions, the averments in his petition and his fair and clean antecedent. Counsel had urged that the petitioner was implicated only through the statement of the apprehended co-accused made before the police, bore no criminal antecedent, and that the prayer was not hit by Section 76(2) of the Bihar Prohibition & Excise Act. The Court directed that, on arrest or surrender before the court below within six weeks, the petitioner be released on a bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS. (Shailendra Singh, J)

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49058 of 2026

¶2

Arising Out of PS. Case No.-346 Year-2025 Thana- Excise P.S. District- Gopalganj

¶3

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

¶4

Ashish Kumar S/o Satyendra Prasad R/o vill - Barhariya Tola ( Near Sadipur), P.S.- Jamo Bazar, Distt.- Siwan at Present R/o vill - Hariharpur Kala, P.S.Jamo Bazar, Distt.- Siwan

¶5

... ... Petitioner/s

¶6

Versus

¶7

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Harsh Anuj, Adv. For the Opposite Party/s : Mr.Akbar Ali, APP ======================================================

¶8

... ... Opposite Party/s

¶9

CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER

¶10

2 22-07-2026

¶11

Heard the parties.

¶12

The petitioner apprehends his arrest in connection with Gopalganj Excise P.S. Case No. 346/ 2025 registered for the offence(s) punishable under Section(s) 30(a) and 32 of the Bihar Prohibition & Excise Act.

¶13

Learned counsel for the petitioner submits that the petitioner has been made accused only on account of the disclosure made by the apprehended co-accused showing the petitioner’s involvement in the alleged offences under the Excise Act and according to prosecution, the alleged liquor recovered from the apprehended co-accused was to be delivered to the petitioner however the said allegation is based on the statement made by the apprehended co-accused before the police, which is not admissible in the eyes of law and further, the petitioner bears no criminal antecedent and his prayer is not hit by the provisions of Section 76(2) of the Bihar Prohibition & Excise Act as the alleged offences of the FIR do not attract even prima facie against the petitioner. It is lastly submitted that it is not the case of the prosecution that the petitioner was ever seen

¶14

Patna High Court CR. MISC. No.49058 of 2026(2) dt.22-07-2026 2/2

¶15

with the apprehended co-accused and the alleged vehicle transporting liquor is not under the ownership of the petitioner.

¶16

Learned APP appearing for the State opposes the prayer of the petitioner.

¶17

Considering the aforesaid submissions and the averments made by the petitioner in his petition coupled with his fair and clean antecedent, in my opinion, the petitioner deserves to the relief of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Gopalganj Excise P.S. Case No. 346/ 2025 on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.

¶18

(Shailendra Singh, J)

¶19

BKS/-

¶20

U T

Ashish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ashish Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Guddu Kumar Vs The State of Bihar

Sunny Kumar Vs The State of Bihar

Akshay Kumar Vs The State of Bihar

Ranjit Kumar @ Ranjit Nayak @ Karu Mahto Vs The State of Bihar

Ritesh Kumar Vs The State of Bihar

Chandrama Kumari Vs The State of Bihar