Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail was granted to the petitioner.
Summary
Ajay Kumar was arrested in connection with the seizure of 7,555.68 litres of illicit liquor, of which 432 litres were found in a tempo he owned. He was charged under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise Act. The petitioner claimed he had no knowledge of the liquor, no incriminating material was recovered from his possession, and he had no prior criminal record. The State opposed bail, but the court noted the absence of material linking the petitioner to the contraband, the lack of compliance with Section 103 of the BNSS, 2023, and the fact that a co‑accused had already been granted bail. Considering these factors and the period of custody already endured, the court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act offences
- Whether the non‑compliance with Section 103 of the BNSS, 2023 precludes bail
- Whether the prior grant of bail to a co‑accused influences the bail decision
Subjects
- bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 103 compliance
- criminal procedure
- co‑accused bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13278 of 2026
Arising Out of PS. Case No.-369 Year-2025 Thana- DIDARGANJ District- Patna
======================================================
Ajay Kumar S/o Tulsi Rai Resident of Village- Saichak Mahavir Colony, P.S.-
Beur, and District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 25-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Didarganj PS Case No. 369 of 2025 instituted for the offences
under Section/s 30(a), 32(2), 32(3), 36, 41(1) & 41(2) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 7555.68 liters
liquor was recovered from tempo and warehouse, out of which
432 liters was recovered from tempo.
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. The petitioner has got
Patna High Court CR. MISC. No.13278 of 2026(3) dt.25-02-2026
2/2
no concern with the alleged recovery of liquor. It is submitted
that name of the petitioner has surfaced in this case as being
owner of the vehicle in question and he was oblivious of the fact
that illicit liquor was laden in the vehicle. The petitioner is in
custody since 17.12.2025 and has got no criminal antecedent/s.
There is no compliance of Section 103 of the BNSS, 2023.
Other co-accused has been granted bail by this Court vide order
dated 19.01.2026, passed in Cr. Misc. No. 1409 of 2026.
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 Didarganj PS Case
No. 369 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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