Ankesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50122 of 2026 Arising Out of PS. Case No.-246 Year-2020 Thana- BAISI District- Purnia ====================================================== Ankesh Kumar S/o Late Bindeshwari Singh Resident of Ward no. 15, Khargi Terasi, Terarabad, P.S.- Gangaur, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md Fazle Karim, Advocate For the Opposite Party/s :

Mr. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 29-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application for anticipatory bail arises out of Baisi P.S. Case No. 246 of 2020 for the offence punishable under Sections 272 and 273 I.P.C and Sections 30(a), 41 and 47 of the Bihar Prohibition and Excise Act.

3. As per the allegation, one motorcycle and one pickup van were apprehended and from the motorcycle 25 litres of liquor was recovered, while from the pickup van altogether 6.525 litres liquor was recovered and two persons came to be arrested.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.50122 of 2026(2) dt.29-07-2026 2/3 that the petitioner happens to the owner of the pickup van, from which altogether 6.525 litres of liquor was recovered. It has further been submitted that at the time of recovery, the vehicle was not under the control of the petitioner and since it was a commercial vehicle, the same was being driven by the driver. It has further been submitted that the procedure prescribed under Section 105 of the BNSS has not been followed. It has further been submitted that the petitioner was not aware as to how the illicit liquor was being carried by the driver of the vehicle. Lastly, it has been submitted that the petitioner has got no criminal antecedent.

5. Learned counsel for the State opposed the prayer of anticipatory bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the facts and circumstances and nature of material against the petitioner, let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, Excise, Court No. 1, Purnia, in connection with Baisi P.S. Case No. 246 of 2020, subject to the conditions as laid down

Patna High Court CR. MISC. No.50122 of 2026(2) dt.29-07-2026 3/3 under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita.

8. This application stands allowed.

(Praveen Kumar, J) Sahil/- U T