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Patna High Court

AshishversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner.

Summary

The petitioner, Ashish, was arrested in connection with a case (PS No. 662 of 2025) alleging possession of 86.4 liters of foreign liquor on a motorcycle, violating Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. He claimed innocence, stating he neither owned the motorcycle nor had any knowledge of the liquor, and highlighted his clean criminal record and lack of incriminating material in his possession. The State opposed bail, while the petitioner’s counsel argued that there was no compliance with Section 103 of the BNSS, 2023 and that the petitioner had already been in custody since 20‑11‑2025. The Court examined the facts, the duration of custody, and the absence of material linking the petitioner directly to the contraband. Concluding that the circumstances did not justify continued detention, the Court ordered bail on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged possession of foreign liquor under the Bihar Prohibition and Excise Act.
  • Whether the lack of compliance with Section 103 of the BNSS, 2023 affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • foreign liquor
  • criminal procedure
  • Section 103
  • BNSS
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1754 of 2026
                 Arising Out of PS. Case No.-662 Year-2025 Thana- CHHATAUNI District- East Champaran
                 ======================================================
                 Ashish S/o- Kailash Chandra @ Kaishal Chandra @ Kailesh Chandra R/v-
                 Adarsh Nagar, W.No-5, Ps- Belsanda Dist- Pilibhit, U.P

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :      Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                           2. The petitioner seeks bail in connection with Chhatauni

                   PS Case No. 662 of 2025 instituted for the offences under

                   Section 30(a), 41(1) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 86.4 liters of

                   foreign liquor was recovered from the motorcycle.

                           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

                   for the petitioner submits that the petitioner is not the owner of
           Patna High Court CR. MISC. No.1754 of 2026(2) dt.19-01-2026
                                                       2/2




                     the said motorcycle and has been implicated in this case by the

                     police with ulterior motive. The petitioner is in custody since

                     20.11.2025 and has got clean criminal antecedent. There is no

                     compliance of Section 103 of the BNSS, 2023.

                             5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the

                     like amount each to the satisfaction of Court below/concerned

                     Court in connection with Chhatauni PS Case No. 662 of 2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


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