Ashok Kumar @ Aashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29362 of 2026 Arising Out of PS. Case No.-26 Year-2026 Thana- NATWAR District- Rohtas ====================================================== Ashok Kumar @ Aashok Kumar S/O Bhagwan Chaudhary R/O Vill.- Karahansi Tola (Bisunpura or Bishunpur), P.s.- Natwar,Dist.- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Babu Nandan Prasad For the Opposite Party/s :
Mr. Veena Kumari Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-05-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Natwar Police Station Case No. 26 of 2026, disclosing offences under Sections 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that during patrolling duty the police received secret information regarding transportation of illegal liquor on a motorcycle. During raid near Krishna Mandir, the accused allegedly abandoned the motorcycle and fled away on seeing the police. The local Chowkidar identified the fleeing person as the present petitioner. Upon search of the motorcycle bearing registration no. BR-24J-3866, 9 litres of illicit
Patna High Court CR. MISC. No.29362 of 2026(2) dt.07-05-2026 2/3 country-made Mahua liquor was allegedly recovered, after which the present case was instituted.
4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in the present case only because he happens to be the registered owner of the said motorcycle. He next submits that the motorcycle, from where illicit liquor has been recovered, was borrowed by his friend, who succeeded in fleeing away from the place of occurrence and the petitioner had no knowledge about the illicit liquor being kept therein. The petitioner has got no criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has been made accused only because he happens to be the registered owner of the motorcycle, which was being driven by his friend at the time of occurrence and petitioner is having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.29362 of 2026(2) dt.07-05-2026 3/3 released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, Excise-II, Sasaram, Rohtas, in connection with Natwar Police Station Case No. 26 of 2026, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. (Anil Kumar Sinha, J) HarshPandey/- U T