Patna High Court
Ashok Singh @ Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, subject to a bond and sureties.
Summary
Ashok Singh was arrested in connection with an excise case (PS No. 317 of 2020) where 3,000 litres of spirit were seized. He was charged under Sections 30(a) and 40(i) of the Bihar Prohibition and Excise Act and alleged to have fled the scene. The petitioner pleaded innocence, arguing that no contraband was found in his possession and that the case was based merely on suspicion, and he had been in judicial custody since 10‑12‑2025. The State opposed bail, citing two prior criminal cases against the petitioner. The High Court, after considering the facts, granted regular bail on a bond of Rs.10,000 with two sureties and imposed a condition that the petitioner not engage in similar offences in the future.
Issues considered
- Whether regular bail can be granted to the accused under Sections 30(a) and 40(i) of the Bihar Prohibition and Excise Act despite the seriousness of the offence and the accused's prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 40(i)
Subjects
- regular bail
- excise offence
- Bihar Prohibition and Excise Act
- criminal antecedent
- suspicion
- bond
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2099 of 2026
Arising Out of PS. Case No.-317 Year-2020 Thana- GOVERNMENT OFFICIAL COMP.
District- East Champaran
======================================================
Ashok Singh @ Ashok Kumar S/O Nayan Singh R/O Village- Siswa Bazar,
P.S- Paharpur, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under Sections 30 (a) and
40(i) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that altogether 3000
liters of spirit was recovered besides the road in 15 drums. It is
also alleged that the petitioner fled away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in this
case. It is further submitted that nothing has been recovered
from the conscious possession of the petitioner. It is further
submitted that only allegation against the petitioner is that he
Patna High Court CR. MISC. No.2099 of 2026(2) dt.05-02-2026
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fled away after seeing the police party. It is further submitted
that the petitioner has been implicated in this case merely on
suspicion. Learned counsel for the petitioner has further
submitted that the petitioner is languishing in judicial custody
since 10.12.2025.
5. Learned APP appearing for the state has opposed
the prayer of regular bail and has submitted that the petitioner is
having criminal antecedent of two cases.
6. Considering the aforesaid facts and circumstances
of the case, this court is inclined to enlarge the petitioner on
bail. The above named petitioner is directed to be released on
bail in connection with Excise P.S. Case No. 317 of 2020 on
furnishing bail bond of Rs.10,000/- (ten thousand) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court No. 2, East Champaran,
Motihari, with a condition that the petitioner shall not indulge
himself in similar nature of case in future.
(Ashok Kumar Pandey, J)
durgesh/-
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