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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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