Patna High Court
Saroj KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court refused to grant bail and dismissed the petitioner's bail application.
Summary
The petitioner, Saroj Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 171 litres of Nepali deluxe liquor were recovered from a motorcycle. He claimed he was falsely implicated and that no incriminating article was found in his possession. The petitioner, who has twelve prior criminal antecedents related to excise offences and is already on bail in other matters, has been in custody since 17 January 2026 and offered to cooperate with the trial. The State opposed his regular bail application, citing his criminal history. The Patna High Court, after considering the antecedents, declined to grant bail and dismissed the application.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of his prior criminal antecedents.
Subjects
- bail
- excise law
- prohibition act
- criminal antecedents
- high court
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19970 of 2026
Arising Out of PS. Case No.-718 Year-2025 Thana- DHAKA District- East Champaran
======================================================
Saroj Kumar Son of Sri Narayan Sah Resident of Village - Raksa Rahimpur,
P.S. - Dhaka, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr.Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 01-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Dhaka
P.S. Case No. 718/2025 registered for the offences punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per the prosecution case, 171 litres of Nepali
Deluxe liquor was recovered from a motorcycle.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. No
incriminating article has been recovered from his possession.
Learned counsel further submits that he has twelve criminal
antecedents in which he is on bail and he is in custody since
17.01.2026. The petitioner undertakes to co-operate in the case/
trial.
Patna High Court CR. MISC. No.19970 of 2026(2) dt.01-04-2026
2/2
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the criminal antecedent of the
petitioner, all of which relate to offence under the Excise act,
this Court is not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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