Patna High Court
Ashiq Rajvanshi @ Ashiq KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted to the petitioner subject to specified conditions.
Summary
Ashiq Rajvanshi was arrested on 31 January 2026 in connection with a case involving the seizure of 199.5 litres of country-made liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. He contended that he was neither the owner nor the driver of the motorcycle, had a clean antecedent, and was implicated solely on the basis of a co‑accused's statement, which the court noted was not corroborated and that the co‑accused had already been granted bail. The State opposed bail, but the court observed the lack of possession by the petitioner, the non‑compliance of Section 103(a) of the Bihar Non‑Compounding of Offences (BNSS) Act, 2023, and the petitioner’s clean record. Consequently, the court ordered bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail order was directed to be implemented by the Exclusive Special Excise Judge‑2, Nawada.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offence under the Bihar Prohibition & Excise Act.
- Whether the disclosure by the co‑accused and non‑compliance of Section 103(a) BNSS, 2023, justify granting bail.
- Whether the petitioner’s lack of possession of the seized liquor and clean antecedent affect the bail decision.
Subjects
- bail
- Bihar Prohibition & Excise Act
- illicit liquor
- Section 30(a)
- clean antecedent
- co‑accused disclosure
- Section 103(a) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21002 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- RAJAOLI District- Nawada
======================================================
Ashiq Rajvanshi @ Ashiq Kumar S/O Shaukhi Rajvanshi R/O Vill.- Dariya
pur, (Amanwa) P.s.- Rajauli, Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Ranjan, Advocate
For the State : Mr. Bhanu Pratap Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-03-2026 Heard Mr. Amit Ranjan, learned counsel for the
petitioner and Mr. Bhanu Pratap Singh, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
31.01.2026, in connection with Rajauli P.S. Case No. 76 of 2025,
F.I.R. dated 14.02.2025 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act, 2016.
3. Recovery is of 199.5 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely implicated
in the present case. He further submits that it appears from the
F.I.R. as well as seizure list that nothing has been recovered from
the conscious possession of the petitioner rather recovery has been
made from the motorcycle in question and altogether 199.5 lires of
country made liquor was recovered from the motorcycle in
Patna High Court CR. MISC. No.21002 of 2026(2) dt.30-03-2026
2/3
question. He further submits that the petitioner is neither the
owner nor the driver of the motorcycle in question and the
petitioner has no concern at all with the alleged recovery of illicit
liquor and he has been made accused on the basis of disclosure
made by apprehended co-accused person, namely, Mithlesh
Rajwanshi who has disclosed that the petitioner has fled away
from the place of occurrence and there is non-compliance of
Section 103 a of BNSS, 2023. He further submits that co-accused
person, namely, Mithlesh Rajwanshi has been granted bail by a
Coordinate Bench of this Court passed in Cr. Misc. No. 30372 of
2025 and the petitioner is in custody since 31.01.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and the fact that the petitioner having clean antecedent and the
name of the petitioner has been transpired on the basis of
disclosure made by apprehended co-accused person and said co-
accused has been granted bail by a Coordinate Bench of this Court
and there is non-compliance of Section 103 of the BNSS, 2023, let
the petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned Exclusive
Special Excise Judge-2, Nawada in connection with Rajauli P.S.
Patna High Court CR. MISC. No.21002 of 2026(2) dt.30-03-2026
3/3
Case No. 76 of 2025, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
U T
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