Patna High Court
Ashutosh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted to the petitioners, subject to specified conditions, as the prosecution had not produced substantive evidence beyond suspicion.
Summary
The petitioners, Ashutosh Kumar and Ravi Ranjan Kumar, were arrested on 21 December 2025 in connection with a case involving the seizure of 450 litres of Nepali Sofi liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022. They claimed to have clean antecedents and argued that the FIR was fabricated, with no material evidence linking them to the liquor recovered from behind a grocery shop. The State opposed bail, but the court noted the absence of any seized items from the petitioners' possession and their spotless records. Consequently, the court granted bail on a bond of Rs. 10,000 each, with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioners' criminal antecedents, without delaying the release.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022, when the case is based largely on suspicion and no direct evidence.
- Whether the petitioners' clean antecedents and lack of possession of the seized liquor justify the grant of bail.
- What conditions, if any, should be imposed on bail in such offences.
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- suspicion
- clean antecedents
- conditions of bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15161 of 2026
Arising Out of PS. Case No.-539 Year-2025 Thana- PATAHI District- East Champaran
======================================================
1. Ashutosh Kumar S/o Vijay Kumar Resident of Village- Bakhari, P.S.-
Patahi, District- East Champaran
2. Ravi Ranjan Kumar S/o Ramakant Sah Resident of Village- Bakhari, P.S.-
Patahi, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Eashita Raj, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr. Eashita Raj, learned counsel for the
petitioners and Mr. Pradeep Narain Kumar, learned APP for the
State.
2. Petitioners seek bail, who are in custody since
21.12.2025, in connection with Patahi P.S. Case No. 539 of
2025, F.I.R. dated 19.12.2025 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. Recovery is of 450 litres of Nepali Sofi liquor.
4. Learned counsel for the petitioners submits that the
petitioners have clean antecedents and they have been falsely
implicated in the present case. He further submits that the
Patna High Court CR. MISC. No.15161 of 2026(2) dt.10-03-2026
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allegation as alleged in the F.I.R. is false and fabricated and the
petitioners have not committed any offence as alleged in the
F.I.R. It appears from the F.I.R. as well as seizure list that
altogether 450 litres of Nepali Sofi liquor was recovered from
behind the grocery shop of petitioner no. 1 and the petitioners
have been made accused on the basis of suspicion and except
suspicion, no other cogent material has come during
investigation to suggest the involvement of the petitioner in the
present occurrence and the petitioners are in custody since
21.12.2025.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioners.
6. Considering the facts and circumstances of the case
and the fact that the petitioners having clean antecedents and
nothing has been recovered from the conscious possession or
the house of the petitioner, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of learned Exclusive Special Excise Acourt No.
III, East Champaran at Motihari in connection with Patahi P.S.
Case No. 539 of 2025, subject to the following conditions :-
Patna High Court CR. MISC. No.15161 of 2026(2) dt.10-03-2026
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(1) Petitioners shall co-operate in the trial and shall
be properly represented on each and every date fixed by the
Court and shall remain physically present as directed by the
Court and on their absence on two consecutive dates without
sufficient reason, their bail bonds shall be cancelled by the
Court below.
(2) If the petitioners tamper with the evidence or the
witness, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
any stage, it is found that the petitioners have concealed their
criminal antecedents, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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