Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioners, finding that the procedural lapses justified release on bail.
Summary
The petitioners, four individuals associated with a truck carrying illicit foreign liquor, were charged under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after police recovered 540 litres from the truck and 106.5 litres from a house. They contended that nothing was seized from their possession, that the seizure list lacked an independent witness and that the police failed to comply with Section 105 of the BNSS while preparing it. The petitioners had been in judicial custody since 17 March 2026 and sought regular bail, asserting their innocence. The State opposed the bail application. After hearing both sides, the High Court found merit in the petitioners' arguments regarding procedural lapses and granted regular bail, directing each petitioner to furnish a bail bond of Rs 10,000 with two sureties each.
Issues considered
- Whether the petitioners are entitled to regular bail despite the alleged procedural irregularities in the seizure and the nature of the offence under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 105
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- bail
- prohibition and excise
- illicit liquor
- procedural lapse
- seizure list
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29484 of 2026
Arising Out of PS. Case No.-37 Year-2026 Thana- BITHAN District- Samastipur
======================================================
1. Ajay Kumar S/o Shatrughan Ray R/o Village - Sirsia, P.S - Bithan, District -
Samastipur.
2. Raja Kumar @ Vikash Kumar S/o Ranvijay Kumar Mahto @ Ranvijay
Kumar R/o village - Pusaho, P.S - Bithan, District - Samastipur.
3. Ranvijay Kumar Mahto @ Ranvijay Kumar S/o Late Ram Khelawan Mahto
R/o Village - Pusaho, P.S- Bithan, District - Samastipur.
4. Anjesh Kumar S/o Sushil Yadav R/o Village - Paridah, P.S - Hasanpur,
District - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarbottam Kumar Sarkar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for regular bail in a
case registered for the offence punishable under sections 30(a)
and 32(3) of the Bihar Prohibition and Excise Act.
3. The case of the prosecution is that from a truck,
altogether 540 liters and from a house, altogether 106.5 liters
illicit foreign liquor were recovered.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.29484 of 2026(2) dt.06-05-2026
2/2
Learned counsel for the petitioners has submitted that nothing
has been recovered from the possession of the petitioners.
Petitioner no. 1 and petitioner no. 4 are the driver and cleaner of
the said truck respectively and petitioner no. 3 is the owner of
the vehicle and petitioner no. 2 is his son. There is no
independent witness of the seizure list rather they are police
personnel and police has not complied Section 105 of BNSS
while preparing the seizure list. Moreover, the petitioners are
languishing in judicial custody since 17.03.2026.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be released on bail in connection with
Bithan P.S. Case No. 37 of 2026 on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Exclusive Special
Judge, Excise Court No. 2nd , Samastipur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
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