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Patna High Court

Ashiq Rajvanshi @ Ashiq KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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