Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted regular bail to the petitioner.
Summary
Ajit Kumar was arrested in connection with the seizure of 315 litres of illicit foreign liquor from a Scorpio vehicle, alleged to be an offence under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018. The petitioner contended that he was neither the driver nor the owner of the vehicle, had no possession of the liquor, and that the seizure violated Section 105 of the BNSS. He also highlighted his lack of criminal antecedents and that he had been in judicial custody since 16‑03‑2026. The State opposed the bail application. Considering the factual matrix and the alleged procedural irregularities, the Court granted regular bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to regular bail despite the alleged procedural lapse in seizure and lack of personal involvement in the alleged offence.
Legislation cited
- BNSS — s. 105
Subjects
- bail
- excise law
- illicit liquor
- procedural lapse
- regular bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23489 of 2026
Arising Out of PS. Case No.-119 Year-2026 Thana- Excise P.S. District- Banka
======================================================
Ajit Kumar Son of Anandi Yadav Resident of Village- Lalmatiya, P.S.- Belhar,
District- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. N.K. Agrawal, Sr. Advocate
Mr.Om Prakash Singh, Advocate
Mr. Kumar Rajdeep, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for grant of regular bail
in connection with a case registered for the offences punishable
under Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise (Amendment) Act, 2018.
3. The case of the prosecution, in brief, is that a total
of 315 litres of illicit foreign liquor was recovered from a
Scorpio vehicle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. It is contended that the petitioner is neither the
driver nor the owner of the said Scorpio and had merely taken a
Patna High Court CR. MISC. No.23489 of 2026(2) dt.16-04-2026
2/2
lift in the vehicle. It is further submitted that nothing has been
recovered from the possession of the petitioner. It is also argued
that the witnesses to the seizure list are police personnel and the
provisions of Section 105 of the BNSS have not been complied
with during the seizure. Moreover, the petitioner is languishing
in judicial custody since 16.03.2026 and has no criminal
antecedent.
5. Learned APP for the State has opposed the prayer
for regular bail.
6. Considering the aforesaid facts and circumstances
of the case, this Court is inclined to enlarge the petitioner on
bail.
7. Accordingly, the above-named petitioner is directed
to be released on bail in connection with Banka Excise P.S. Case
No. 119 of 2026, on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each, to the satisfaction of the learned Special Judge, Exclusive
Excise Court No. 2 at Banka/concerned Court.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
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