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Patna High Court

Ajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to bond and conditions, finding insufficient grounds to deny bail.

Summary

The petitioner, Ajeet Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition & Excise Act for allegedly transporting illicit foreign liquor in a vehicle he owned. During a routine vehicle check, police seized 1,125 litres of liquor concealed among pineapples and arrested two co‑accused, while the petitioner was not apprehended on the spot. The petitioner contended that he merely hired out the vehicle, had no knowledge of the liquor, and has a clean record. The State opposed his bail, but the court noted the absence of any liquor recovered from the petitioner’s possession and the possibility of false accusation. Consequently, the court ordered his release on bail, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the CrPC.

Issues considered

  • Whether bail should be granted to the petitioner given the allegations under the Bihar Prohibition & Excise Act and the circumstances of the seizure.
  • Whether the petitioner’s lack of possession and non‑apprehension at the time of seizure justify bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • Bihar Prohibition & Excise Act
  • false accusation
  • vehicle owner
  • CrPC Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28666 of 2026
                     Arising Out of PS. Case No.-372 Year-2025 Thana- NARPATGANJ District- Araria
                 ======================================================
                 Ajeet Kumar S/o Madnesh Singh, R/o Village- Mandaidih, P.S.- Patepur,
                 Distt.- Vaishali.
                                                                        ... ... Petitioner
                                              Versus
                 The State of Bihar
                                                                 ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :      Mr. Ashok Kumar Sinha, Advocate
                 For the State             :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   30-04-2026                        Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2.   In   the   present     case,     the    petitioner       is

                   apprehending his arrest in connection with Narpatganj P.S. Case

                   No. 372 of 2025, dated 13.10.2025, registered for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition &

                   Excise Act.

                                      3. As per prosecution case, during the course of

                   vehicle checking, information was received about transportation

                   of illicit liquor in a consignment of pineapples. The said vehicle

                   was intercepted and two co-accused persons including the driver

                   were apprehended. On search of the said vehicle, recovery of

                   1125 litres of illicit foreign liquor was made. The apprehended

                   co-accused persons disclosed the name of one Laltu Sahni, who

                   had been transporting the illicit liquor. Petitioner is stated to be
Patna High Court CR. MISC. No.28666 of 2026(2) dt.30-04-2026
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          the owner of the vehicle.

                          4. Learned counsel for the petitioner submits that

          the petitioner is innocent and has falsely been implicated in this

          case. Petitioner has no concern with the seized liquor. The

          petitioner used to ply the vehicle on hire and gave the vehicle to

          his driver for the said purpose, but the driver loaded illicit liquor

          on the said vehicle without the knowledge of the petitioner.

          Learned counsel lastly submits that petitioner is having clean

          antecedent.

                          5. Learned APP opposes the submissions made on

          behalf of the petitioner.

                          6. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that no recovery has been made from the conscious

          possession of the petitioner and also considering the fact that

          petitioner was not apprehended on the spot and further

          considering the possibility of false accusation, let the petitioner,

          above-named, in the event of his arrest or surrender before the

          Court concerned within a period of eight weeks from today, be

          released on bail, on furnishing bail bonds of Rs. 10,000/-

          (Rupees Ten Thousand Only) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special
          Patna High Court CR. MISC. No.28666 of 2026(2) dt.30-04-2026
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                    Judge, Excise-1, Araria, in connection with Narpatganj P.S.

                    Case No. 372 of 2025, subject to the conditions as laid down

                    under Section 482(2) of the B.N.S.S. and other following

                    conditions:

                                    (i) One of the bailors will be a close relative of the

                    petitioner.

                                    (ii) The petitioner will remain present on each and

                    every date fixed by the Court below, if so required by the

                    learned trial Court.


                                                                (Arun Kumar Jha, J)

Shahnawaz/-

U     T


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