Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
Ashish Kumar was arrested on 16 February 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 after 404 litres of foreign liquor were seized from a vehicle. The petitioner claimed he had a clean antecedent, was falsely implicated, and that the seizure was not from his conscious possession. He also argued that the investigating authorities had not complied with Sections 103 and 105 of the Bihar Narcotic Substances (BNSS) Act, 2023. The Additional Public Prosecutor opposed bail, but the court noted the petitioner’s clean record and procedural lapses, and consequently granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order also directed the lower court to verify the petitioner’s antecedent and to cancel bail if any concealment is discovered.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether non‑compliance of Sections 103/105 of the BNSS, 2023 warrants bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify bail.
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- false implication
- clean antecedent
- seizure of liquor
- Section 30(a)
- BNSS
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19453 of 2026
Arising Out of PS. Case No.-88 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Ashish Kumar Son of Dinesh Kumar @ Dinesh Paswan Resident of
Chaurasiya Ward No. 31, P.S.- Audyogik Kshetra, District- Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Allama Abdul Quadir Jamal Faridi, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Allama Abdul Quadir Jamal Faridi,
learned counsel for the petitioner and Mr. Nand Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
16.02.2026 in connection with Kochadhaman P.S. Case No. 88
of 2026, F.I.R. dated 16.02.2026 for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 404 liters of Indian made foreign
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. The allegation as alleged in the
FIR is false and fabricated and the petitioner has not committed
Patna High Court CR. MISC. No.19453 of 2026(2) dt.31-03-2026
2/3
any offence as alleged in the FIR. He further submits that it
appears from the FIR as well as seizure list that nothing has
been recovered from the conscious possession of the petitioner
rather the recovery has been made from the 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
16.02.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
that the petitioner has clean antecedent 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-I), Kishanganj in connection with
Kochadhaman P.S. Case No. 88 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
Patna High Court CR. MISC. No.19453 of 2026(2) dt.31-03-2026
3/3
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)
Vanisha/-
U T
Checking your session…