Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ajit Kumar, was arrested in connection with the recovery of 280 litres of liquor from a tempo and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he was neither the owner nor driver of the vehicle and that no incriminating material was found in his possession. The State opposed bail, while the petitioner argued lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023. Considering the facts, the petitioner’s custody since 21‑11‑2025, and his prior criminal antecedent, the Court decided to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties, subject to conditions regarding family surety and mandatory appearance at trial dates.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the non‑compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, precludes bail
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11 of 2026
Arising Out of PS. Case No.-637 Year-2025 Thana- BHAGWAN BAZAR District- Saran
======================================================
Ajit Kumar Son of Pappu Rajak Resident of Dahiyawan near Pankaj Cenema,
P.S.- Nagar (Town Thana), Dist.- Saran at Chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajit Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Bhagwan Bazar P.S.
case No. 637 of 2025 instituted for the offences under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 280 liters
liquor was recovered from tempo and the petitioner was
arrested on spot.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
the present case. No incriminating material has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.11 of 2026(2) dt.19-01-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the petitioner is neither
owner nor driver of the vehicle in question. The petitioner is
in custody since 21.11.2025 and has got one criminal
antecedent. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and
circumstances of the case and the period of custody
undergone by the petitioner, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Bhagwan
Bazar P.S. case No. 637 of 2025 subject to the following
conditions:
(I) One of the bailors shall be own/close member
of the family of the petitioner.
(II) The petitioner shall appear on each and every
Patna High Court CR. MISC. No.11 of 2026(2) dt.19-01-2026
3/3
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 petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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