Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
Checking your session…