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Patna High Court

Saroj KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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