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2026 DAILYLAW 10101 (PAT)

Ankit Kumar v. The State of Bihar

CR. MISC./28205/2026 · 2026-05-04

Ashok Kumar Pandey

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.28205 of 2026 Arising Out of PS. Case No.-106 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua) ====================================================== Ankit Kumar, S/O Kanhaiya Singh, Resident of Village - Gopalpur, P.S- Bhanas, District- Rohats,Bihar ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms.Usha Rai, Advocate For the Opposite Party/s : Mr.Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 2 04-05-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 30(a), 32(i) (iii) and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act. 3. The case of the prosecution, in short is that from a Pick-up, altogether 345.600 liters of illicit foreign liquor was recovered. 4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner has submitted that petitioner is merely a driver of the vehicle. He was unaware of the consignment. Nothing has been Patna High Court CR. MISC. No.28205 of 2026(2) dt.04-05-2026 2/2 recovered from his possession. It has further been submitted that the witnesses of the seizure list are police personnel. Police has not complied Section 105 of the B.N.S.S. while making the seizure. Petitioner is languishing in judicial custody since 25.02.2026. 5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that petitioner is having criminal antecedent of two cases of similar nature. 6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhabhua Excise P.S. Case No. 106 of 2026 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-II, Kaimur, Bhabua. lata/- (Ashok Kumar Pandey, J) U T