Patna High Court

ASHOK KUMAR JHA @ ASHOK KUMARversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court granted bail to the petitioner, subject to bond and surety conditions.

Summary

Ashok Kumar Jha was arrested in connection with an excise case where 8,400 litres of spirit were seized, and charged under Sections 30(a), 32(3), 41 and 56(b) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found on him, he had no link to the vehicle or godown, and he had no prior criminal record, having been in custody since 25‑11‑2025. The State opposed bail, while the petitioner argued non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the court found the circumstances warranted bail and ordered his release on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and imposed conditions of regular appearance. The bail was granted subject to these conditions.

Issues considered

Whether bail should be granted to the accused in a serious excise offence involving large quantity of spirit.
Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise offence
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita
criminal procedure
surety
custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.2296 of 2026
                       Arising Out of PS. Case No.-3559 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 ASHOK KUMAR JHA @ ASHOK KUMAR Son of Vijay Chaudhary
                 Resident Chhotka Teghra, P.S.- Maharajganj, District - Siwan, Bihar.
                                                                               ... ... Petitioner/s
                                                   Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Keshav Bhardwaj, Advocate
                 For the Opposite Party/s :         Mr.Umanath Mishra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Patna

                   Excise P.S. Case No. 3559 of 2025, instituted for the offences

                   punishable under Sections 30(a), 32(3), 41 and 56(b) of the Bihar

                   Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 8400 litres

                   of spirit was recovered, out of which 100 liters of spirit was

                   recovered from Pick-up and 8300 litres of spirit was recovered

                   from godown. Petitioner was arrested on the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. The petitioner has

                   no concerned with the vehicle or Godown. The petitioner is in
           Patna High Court CR. MISC. No.2296 of 2026(2) dt.19-01-2026
                                                       2/2




                     custody since 25.11.2025 and has got no criminal antecedent.

                     There is no compliance of Section 103 of the Bharatiya Nagarik

                     Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances of

                     the case and the period of custody undergone by the petitioner, this

                     Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail, after framing

                     of charge, if not already framed, on furnishing bail bonds of Rs.

                     15,000/- (Rupees Fifteen Thousand) with two sureties of the like

                     amount each to the satisfaction of Court below/concerned Court in

                     connection with Patna Excise P.S. Case No. 3559 of 2025, subject

                     to the following conditions:

                                  (I) One of the bailors shall be own/close member of the

                     family of the petitioner.

                                  (II) The petitioner shall appear on each and every date

                     fixed at the trial. In case of default in such appearance on two

                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.


                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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