Patna High Court
Ashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner subject to a cash bond, sureties and conditions of appearance.
Summary
Ashok Kumar was arrested in connection with the seizure of 80 litres of country‑made liquor from his shop, alleged to violate Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. The petitioner contended that he was innocent, that the liquor was recovered from an open hut accessible to the public and that no incriminating material was found in his possession, also highlighting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, citing the petitioner’s two prior criminal antecedents and the seriousness of the offence. After considering the facts, the period of custody since 15 December 2025, and the lack of direct evidence, the Court inclined to grant bail. The order released the petitioner on a bail bond of Rs 15,000 with two sureties, conditioned on a family member as one surety and mandatory appearance at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offences under the Bihar Prohibition and Excise Act.
- Whether the absence of incriminating material in the petitioner’s possession and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita affect the bail decision.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 41
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal antecedents
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2412 of 2026
Arising Out of PS. Case No.-445 Year-2025 Thana- SIRDALA District- Nawada
======================================================
Ashok Kumar S/O Dulari Prasad @ Dwarika Prasad Resident Of Village -
Baseria, P.s.- Sirdalla, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Madan Kumar, 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
Sirdalla P.S. Case No. 445 of 2025, instituted for the offences
punishable under Sections 30(a) and 41 of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that total 80 liters
of country made liquor was recovered from the shop of the
petitioner.
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 alleged
recovery has been made from the open door of hut, which is an
open place and accessible at public at large. The name of the
Patna High Court CR. MISC. No.2412 of 2026(2) dt.19-01-2026
2/2
petitioner has been disclosed by the local Chowkidar. The
petitioner is in custody since 15.12.2025 and has got two
criminal antecedents. 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 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 Sirdalla P.S. Case
No. 445 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
Checking your session…