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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted bail to the petitioner, directing him to furnish a bond of Rs.10,000 with two sureties.

Summary

The petitioner, Ajit Kumar, applied for bail in an excise case (Case No. 504 of 2026) where the prosecution alleged that 40 litres of illicit country-made liquor were seized from a bike associated with him. The petitioner contended that he was falsely implicated, that no liquor was recovered from his possession, and that the seizure violated Section 105 of the Bihar Prohibition and Excise Act. He also highlighted his clean criminal record and his continued judicial custody since 28 January 2026. The State opposed the bail, relying on the alleged offence under Sections 30(a), 32 and 41(1) of the Act. After hearing both sides, the Court found merit in the petitioner’s arguments and ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to the satisfaction of the Special Judge, Excise‑III, Patna.

Issues considered

  • Whether the petitioner is entitled to bail despite the alleged offences under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act.
  • Whether the seizure complied with the procedural requirements of Section 105 of the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s lack of prior criminal antecedents and continued custody affect the bail decision.

Subjects

  • bail
  • excise law
  • seizure procedure
  • Section 105
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21032 of 2026
                        Arising Out of PS. Case No.-504 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Ajit Kumar Son of Naga Chaudhari Resident of Village- Bhagwanpur PS
                 -Panchrukhita Distt -Patna

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :         Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   02-04-2026                  Heard learned counsel for the petitioner and the

                   learned APP for the State.

                                2. The petitioner has prayed for bail in connection

                   with Excise P.S. Patna Case No. 504 of 2026 registered for the

                   offence punishable under Sections 30(a), 32, 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. The case of the prosecution, in short, is that from a

                   bike, altogether 40 liters of illicit country made 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 also submits that nothing has been recovered from the

                   possession of the petitioner. The witnesses of the seizure list are
           Patna High Court CR. MISC. No.21032 of 2026(2) dt.02-04-2026
                                                       2/2




                     police personnel and the police has not complied with Section

                     105 of the BNSS while making the seizure. Moreover, a

                     statement has been made in para 3 of the petition that petitioner

                     has no criminal antecedent and he is languishing in judicial

                     custody since 28.01.2026.

                                  5. The application for bail is opposed by learned APP

                     for the State.

                                  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-III, Patna in connection with Excise P.S. Patna

                     Case No. 504 of 2026.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T


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