Ankush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24274 of 2026 Arising Out of PS. Case No.-47 Year-2026 Thana- KUCHAIKOTE District- Gopalganj ====================================================== Ankush Kumar S/O Munilal Ram R/O Village- Bhathwa Mord, P.S. - Kuchaikot, District- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anand Verdhan, Advocate For the State :

Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-04-2026 Heard Mr. Anand Verdhan, learned counsel for the petitioner and Mr. Anil Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 30.01.2026, in connection with Kuchaikot P.S. Case No. 47 of 2026, F.I.R. dated 30.01.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Amendment Act, 2022.

3. Recovery is of 373.00 litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that altogether 373.00 litres of country made liquor was recovered from the vehicle in question. It appears from the aforesaid that nothing

Patna High Court CR. MISC. No.24274 of 2026(2) dt.15-04-2026 2/3 has been recovered from the conscious possession of the petitioner there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 30.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and nothing has been recovered from the conscious possession of the petitioner and there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District & Additional Sessions JudgeIV-cum-Exclusive Special Excise Court-II, Gopalganj in connection with Kuchaikot P.S. Case No. 47 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.24274 of 2026(2) dt.15-04-2026 3/3

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T