Patna High Court
Hitesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that the petitioner is entitled to bail.
Summary
The petitioner, Hitesh Kumar, was arrested in connection with the alleged recovery of 1,089 litres of liquor from a pickup vehicle, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He contended that he was not the owner of the vehicle and was apprehended merely because he was present in the vicinity. The petitioner had been in custody since 15 June 2024 and sought bail, while the State opposed the application. The court examined the circumstances, noting the lack of direct ownership and the nature of the offence, and decided that bail could be granted. Accordingly, the petitioner was ordered to be released on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, subject to the satisfaction of the trial court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the case.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27581 of 2026
Arising Out of PS. Case No.-62 Year-2024 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Hitesh Kumar Son of Ram @ Ram Vishekh Ray @ Ram Vishek Ray R/O
Vill.- Lohageer, P.S.- Ujiyarpur, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Amendment Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and
allegation is of recovery of 1089 litres of liquor from a pick up
vehicle. It is next submitted that petitioner is not owner of the
seized vehicle but then came to be implicated in the case on the
ground that he was apprehended from the spot. It is further
submitted that when checking was going on, petitioner was
coming from the same area, when he came to be implicated. It is
next submitted that petitioner is in custody since 15.06.2024.
Patna High Court CR. MISC. No.27581 of 2026(2) dt.24-04-2026
2/2
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with
Bhairavsthan P.S. Case No.62 of 2024.
(Satyavrat Verma, J)
amit/-
U T
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