Patna High Court
Ajay Kumar @ Ajay Mahato @ Ajay MahtoversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Ajay Kumar, was arrested in connection with a case involving the seizure of 620.280 litres of illicit foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely the owner of the pickup from which the liquor was recovered and that no liquor was found in his possession, asserting his innocence and claiming he was falsely implicated. The State opposed bail, citing a prior criminal antecedent. After hearing both sides, the court considered the lack of direct possession and the circumstances of the case and decided to grant bail. The petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount, subject to the satisfaction of the Special Judge of the Excise Court No. II, Muzaffarpur.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
- Whether ownership of the vehicle alone suffices to sustain the charge of possession of illicit liquor.
- Whether the petitioner’s prior criminal antecedent warrants denial of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal antecedent
- vehicle ownership
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20537 of 2026
Arising Out of PS. Case No.-409 Year-2021 Thana- PAROO District- Muzaffarpur
======================================================
Ajay Kumar @ Ajay Mahato @ Ajay Mahto S/o- Indradev Mahato @
Indradev Mahto R/v- Bishnupur Saraiya, Ps- Dewariya Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 31-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Paroo P.S. Case No. 409 of 2021 registered for the offence
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The case of the prosecution, in short, is that from a
pickup, altogether 620.280 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
committed no offence. He has been falsely implicated in this
case. He submits that the petitioner is owner of the said pickup.
Nothing has been recovered from the possession of this
Patna High Court CR. MISC. No.20537 of 2026(2) dt.31-03-2026
2/2
petitioner. The petitioner has been framed in this case only on
the basis that he is owner of the said vehicle. He further submits
that the petitioner is languishing in judicial custody since
21.02.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner is having criminal
antecedent of one case.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned Special
Judge Excise Court No.-II, Muzaffarpur in connection with
Paroo P.S. Case No. 409 of 2021.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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