Ankit Kumar Gupta v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91349 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- SASARAM RAIL P.S. District- Gaya ====================================================== 1.
Ankit Kumar Gupta S/o Thakur Prasad Gupta R/o Village - Sakari, P.S - Kudara, District - Kaimur 2.
Suman Kumar S/o Pradeep Ram R/o Village - Padari, P.S - Shiv Sagar, District - Rohtas ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Kumar, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Sasaram P.S. Case No. 69 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 109.345 liters liquor was recovered from two bags at train and both the petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.91349 of 2025(2) dt.19-01-2026 2/3 the conscious possession of the petitioners. The petitioners have got no concern with the alleged recovery of liquor. Learned counsel for the petitioners also submits that the petitioners have got no concern with the alleged bags. The petitioners have been arrested only on the basis of suspicion. The alleged recovery has been made from train, an open place and the same is easily accessible to the public at large. The petitioners are in custody since 03.11.2025 and have got no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances of the case and the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sasaram P.S. Case No. 69 of 2025, subject to the following conditions; (I) One of the bailors shall be own/close member of the family of the petitioners.
Patna High Court CR. MISC. No.91349 of 2025(2) dt.19-01-2026 3/3 (II) The petitioners shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioners.
(Rudra Prakash Mishra, J) Rajorshi/- U T