Patna High Court
Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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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