Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Ajit Kumar was arrested on 1 February 2026 in connection with an excise case involving the seizure of 225 litres of illicit liquor from a vehicle he did not own. He applied for bail, asserting that he has a clean criminal record, was not in conscious possession of the liquor, and that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS, 2023. The prosecution opposed the bail. The court considered the lack of direct possession, the petitioner’s clean antecedent, and the procedural lapses, and decided to grant bail on a Rs.10,000 bond with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail order also empowered the trial court to cancel the bond if conditions are breached.
Issues considered
- Whether bail should be granted to the accused given the alleged non‑possession of the seized liquor
- Whether the failure to comply with Sections 103/105 of the BNSS, 2023 warrants bail
- Whether the petitioner’s clean antecedent justifies release on bail
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- excise law
- illicit liquor
- Section 30
- clean antecedent
- procedural compliance
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16129 of 2026
Arising Out of PS. Case No.-54 Year-2026 Thana- Excise P.S. District- Madhubani
======================================================
Ajit Kumar S/O Bauyelal Prasad Resident of Village- Kuadh, Police Station-
Jaynagar, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Md. Soban Asghar, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 12-03-2026 Heard Md. Soban Asghar, learned counsel for the
petitioner and Mr. Abhay Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
01.02.2026 in connection with Sadar Excise P.S. Case No. 54 of
2026, F.I.R. dated 01.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 225 liters of illicit liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
225 liters of illicit liquor has been recovered from the vehicle in
Patna High Court CR. MISC. No.16129 of 2026(2) dt.12-03-2026
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question and the petitioner is not the owner of the said vehicle in
question. He further submits that there is non-compliance of
Section 103/105 of the BNSS, 2023. The petitioner is in custody
since 01.02.2026.
5 Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent, nothing has been
recovered from the conscious possession of the petitioner and
there is non-compliance of Section 103/105 of the BNSS, 2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Act, Madhubani in connection with Sadar
Excise P.S. Case No. 54 of 2026, subject to the following
conditions:-
i. Petitioner 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 his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. 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)
Vanisha/-
U T
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