Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner subject to bond and conditions.
Summary
Ajit Kumar was arrested in connection with Champanagar police case No.27 of 2026 for alleged possession of 1,075.68 litres of foreign liquor, alleged offences under Section 111(i) and 111(ii) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that no liquor was found in his conscious possession and that he had been in custody since 15 February 2026. The State opposed bail. After hearing both sides, the High Court allowed the regular bail application, directing the petitioner to furnish a bail bond of Rs 10,000 with two sureties and to comply with conditions of weekly police‑station attendance and cooperation in the trial. The court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused in a case involving large‑scale possession of foreign liquor under the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 111(i), 111(ii)
Subjects
- bail
- regular bail
- foreign liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
- possession of liquor
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24114 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- Champanagar District- Purnia
======================================================
Ajit Kumar son of Umesh Ray @ Umesh Mandal Resident of village- Vikash
Nagar Ward No. 11, Ps- Maranga, Dist- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 27-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Champanagar P.S. Case No. 27 of 2026 registered for the
offence under Section(s) 111(i) and 111(ii) of the Bharatiya
Nyaya Sanhita, 2023 and Sections 30(a), 36 and 41(2) of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, 1075.68 liters of
foreign liquor was recovered from the vehicle in question.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 15.02.2026. It is further submitted
that nothing has been recovered from the conscious possession
of the petitioner and there is no legal material against the
Patna High Court CR. MISC. No.24114 of 2026(3) dt.27-04-2026
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petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Having heard the learned counsel for the parties
and considering the materials available on record, this
application for regular bail is allowed.
7. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Champanagar P.S.
Case No. 27 of 2026 subject to conditions that:-
(i). The petitioner will mark his
attendance at the Maranga Police Station on
every Sunday of each month. Any default in
appearance at the Police Station would
result in cancellation of bail bond of the
petitioner.
(ii) The petitioner shall appear in
the trial regularly either personally or
through his lawyer and shall cooperate in
the trial and non-cooperation in the trial
shall result in cancellation of the bail bond
of the petitioner.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
Patna High Court CR. MISC. No.24114 of 2026(3) dt.27-04-2026
3/3
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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