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 17 February 2026 in connection with a special excise case involving the seizure of 100 litres of illicit liquor from a scooty. The petitioner contended that he had a clean antecedent and was implicated solely because he owned the scooty, which he had transferred to co‑accused Raja Kumar, and that no liquor was found in his conscious possession. He also argued that the prosecution had failed to comply with Sections 103 and 105 of the BNSS. The Additional Public Prosecutor opposed bail. The Court, noting the petitioner’s clean record, the lack of direct possession, and the procedural lapses, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order was made subject to verification of the petitioner’s criminal antecedent by the lower court.
Issues considered
- Whether bail should be granted to the petitioner given his ownership of the vehicle from which illicit liquor was seized
- Whether non‑compliance with Sections 103 and 105 of the BNSS warrants bail
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- special excise
- illicit liquor
- vehicle ownership
- procedural compliance
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16897 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- RUPASPUR District- Patna
======================================================
Ajit Kumar S/o Jalendra Prasad @ Jalendra Prasad Chandrabanshi R/o
Village - Neyamat Chak, P.S.- Gaurichak, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prem Kumar, Advocate
For the Opposite Party/s : Mr. Lalan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr. Prem Kumar, learned counsel for the
petitioner and Mr. Lalan Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Special Excise P.S. Case No. 147
of 2026 arising out of Rupaspur P.S. Case No. 45 of 2026, F.I.R.
dated 20.01.2026 for the offences punishable under Section
30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 100 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
Patna High Court CR. MISC. No.16897 of 2026(2) dt.17-03-2026
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the recovery has been made from scooty in question and the
petitioner has been made accused merely on the ground that he
is the owner of the scooty in question. Infact the petitioner has
given the scooty to co-accused, namely, Raja Kumar and he was
apprehended along with the illicit liquor. He next submits that
the petitioner has no concern at all with the alleged recovery of
the liquor or the scooty. He further submits that there is non-
compliance of Section 103 and 105 of BNSS and the petitioner
is in custody since 17.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and he has been made accused
merely on the ground that he is the owner of the scooty in
question and there is non-compliance of Section 103 and 105 of
BNSS, 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
Special Excise Judge, Danapur in connection with Rupaspur
P.S. Case No. 45 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
Patna High Court CR. MISC. No.16897 of 2026(2) dt.17-03-2026
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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
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)
Suruchi/-
U T
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