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Patna High CourtCR. MISC./18166/2026bail rejected

Akash Kumar v. The State Of Bihar

2026-05-07Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18166 of 2026 Arising Out of PS. Case No.-847 Year-2025 Thana- Excise P.S. District- Gopalganj ====================================================== Akash Kumar Son of Satyadev Mahato @ Satdev Resident Of VillageRaghunandanpur, PS- Fulwariya, District- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-05-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Excise P.S. Case no.847 of 2025 registered under sections 30(a) and 32 of the Bihar Prohibition and Excise Act, 2016.

3. As per the prosecution case, 355.4 litres of country liquor was recovered from the vehicle in question and the petitioner who was present in the vehicle was taken into custody.

4. Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the vehicle in question. He is only the co-driver and did not know about the contents of the goods loaded. No incriminating article has been recovered from his possession and he is in custody since

Patna High Court CR. MISC. No.18166 of 2026(3) dt.07-05-2026 2/2 22.12.2025. He undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations of recovery of 355.4 litres of country liquor from the vehicle in question, the petitioner having been arrested at the spot together with the petitioner having an antecedent under the Bihar Prohibition and Excise Act, 2016, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after completing one year in custody. (Partha Sarthy, J) Shiv/- U T