Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners.
Summary
Ashok Kumar and Sukhbir, drivers of a truck, were implicated in a case under section 30(a) of the Bihar Prohibition and Excise Act after 888.66 litres of illicit foreign liquor were seized from the vehicle. The petitioners contended that they had no possession of the liquor, were falsely implicated, and that the police failed to follow Section 105 of the BNSS while preparing the seizure list. They also highlighted their clean criminal record and that they had been in judicial custody since 15 February 2026. The State opposed the grant of regular bail. After hearing both sides, the Patna High Court found merit in the petitioners' arguments and ordered their release on regular bail, requiring a bond of Rs.10,000 each with two sureties, to be satisfied before the Exclusive Special Excise Court.
Issues considered
- Whether the petitioners are entitled to regular bail under section 30(a) of the Bihar Prohibition and Excise Act given the alleged procedural irregularities and lack of direct possession.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- seizure
- procedural lapse
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22992 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali
======================================================
1. Ashok Kumar S/o- Ram Prakash Yadav Resident Of Village- Chhoti Gularia,
Ps- Mau Darwaza, Dist- Farookabad, U.P
2. Sukhbir S/o- Ram Naresh Resident Of Village- Chhoti Gularia, Ps- Mau
Darwaza, Dist- Farookabad, U.P
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under section 30(a) of
the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck,
altogether 888.66 liters of illicit foreign liquor was recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners. They
have been falsely implicated in this case. They are merely a
Patna High Court CR. MISC. No.22992 of 2026(2) dt.08-04-2026
2/2
driver and a co-driver of the alleged truck. They have no
concern with the alleged recovery. The witnesses of the seizure
list are police personnel and police has not followed Section 105
of BNSS while preparing seizure. A statement has been made in
para-3 of this petition that the petitioners have got no criminal
antecedent. Moreover, they are languishing in judicial custody
since 15.02.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Industrial Area P.S. Case No. 32 of 2026 on furnishing bail bond
of Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Excise Court No. 1-cum-Additional District and Sessions Judge,
Vaishali at Hajipur.
(Ashok Kumar Pandey, J)
shubham/-
U T
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