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Patna High Court

Ajay Kumar @ Ajay Mahato @ Ajay MahtoversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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