Created by Fuzzy Cloud

Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                        3/3




                       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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.