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Patna High Court

Ashutosh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                           3/3




                                      (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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