Patna High Court
Umesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted regular bail to all petitioners.
Summary
The petitioners, four accused persons, were arrested in connection with the alleged recovery of 514 litres of liquor from a truck, alleged offences under Section 30(a) of the Excise Act. Petitioners No.1, 2 and 3 claimed they had clean antecedents and were merely passengers unaware of the cargo, while petitioner No.4 had a prior Excise case. They argued that the confessional statement of a co-accused, which formed the basis of the charge against No.4, lacked evidentiary value. The State opposed the bail, contending the seriousness of the offence. The Court considered the clean records, the circumstances of apprehension, and the length of custody, and ordered that each petitioner be released on bail upon furnishing a bail bond of Rs.5,000 with two sureties, thereby allowing the application.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Excise Act given the facts of the case.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- illegal liquor
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21409 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- NTPC KHAIRA District- Aurangabad
======================================================
1. Umesh Kumar S/o Saroj Chaudhari R/O Vill.- Padum Tola, Ps.- Akodi Gola,
District- Rohtas, Bihar
2. Pawan Kumar S/O Komal Chaudhari R/O Vill.- Padum Tola, Ps.- Akodi
Gola, District- Rohtas, Bihar
3. Raviranjan Kumar S/O Rajesh Singh R/O Vill.- Nasriganj, Ps.- Ward no.4,
Nasriganj, District- Rohtas, Bihar
4. Ashok Kumar S/O late Keshlal Singh R/O Vill.- Narari Khurd, P.s.- Narari
Kala Khurd, Dist.- Aurangabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sonu Singh
For the Opposite Party/s : Mr.Surendra Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioners submits that
the petitioner nos.1, 2 and 3 are persons with clean antecedent
and petitioner no.4 has antecedent of one case under the Excise
Act and allegation is of recovery of 514 litres of liquor from a
truck.
4. It is next submitted that petitioner nos.1, 2 and 3
Patna High Court CR. MISC. No.21409 of 2026(2) dt.18-04-2026
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were apprehended from the truck though they are not owner of
the truck. It is also submitted that they had taken lift and thus
were not aware what was being transported in the truck and
name of the petitioner no.4 transpired based on confessional
statement of apprehended accused in police custody, which does
not have any evidentiary value. It is also submitted that
petitioner nos.1, 2 and 3 are in custody since 06.01.2026 and
petitioner no.4 is in custody since 21.01.2026 and if privilege of
regular bail is granted, the petitioners will not abscond rather
will cooperate in the trial to prove their innocence.
5. Learned A.P.P. opposes the bail application.
6. Considering the fact , the petitioners, above-named,
are directed to be released on bail on their furnishing bail-bonds
in the sum of Rs.5,000/- (Rupees Five Thousand) each with two
sureties of the like amount each to the satisfaction of learned
Court below where the case is pending in connection with
NTPC Khaira P. S. Case No.01 of 2026.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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