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Patna High Court

Ashish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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