Patna High Court

Ashok Saw @ Ashok SaoversusThe State of Bihar

Decided: 11 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court grants bail to the petitioner.

Summary

The petitioner, Ashok Saw, sought bail in a case (Gaurichak P.S. Case No. 723 of 2025) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act involving the recovery of 60 litres of country‑made liquor near the Punpun river. The prosecution alleged the offence, while the petitioner claimed innocence, asserting that no incriminating material was found in his possession and that the liquor was recovered in an open public area. The petitioner also highlighted that a co‑accused had previously been granted bail and pointed out non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody already served, and the lack of direct evidence against the petitioner, the Court inclined to grant bail, ordering the petitioner to furnish a bail bond of Rs. 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the absence of incriminating material in the petitioner's possession and the open‑place recovery of liquor justify bail.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail decision.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
liquor seizure
Section 30(a)
Section 103
Bihar
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16694 of 2026
                      Arising Out of PS. Case No.-723 Year-2025 Thana- GAURICHAK District- Patna
                 ======================================================
                 Ashok Saw @ Ashok Sao S/O Late Vineshar Saw @ Binesar Sao R/O
                 Rukunpura Near Kantola Of Karana Bank, P.s.- Pachrukhiya, Distt.- Patna

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr.Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   11-03-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Gaurichak P.S. Case No. 723 of 2025, instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                                3. The prosecution case, in short, is that total 60 litres

                   of country made liquor was recovered near Punpun river.

                                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

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.16694 of 2026(2) dt.11-03-2026
                                                       2/2




                     for the petitioner further submitted that the recovery has been

                     made near Punpun river, which is said to be open place and

                     accessible to public at large. Learned counsel for the petitioner

                     further submits that other co-accused has been granted bail by

                     this Bench vide order dated 18.12.2025 passed in Cr. Misc. No.

                     87629 of 2025. The petitioner is in custody since 16.01.2026

                     and has got one criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP 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/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Gaurichak P.S. Case

                     No. 723 of 2025.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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Ravi Ranjan