Patna High Court
Ajay Hanri @ Ajay HadiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Ajay Hanri, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing and selling illicit country-made liquor. The prosecution alleged that a police raid recovered 400 litres of liquor and two motorcycles from his house. The petitioner claimed innocence, argued that he was not apprehended on the spot, that no incriminating items were found in his conscious possession, and that mandatory provisions of the BNSS were not complied with. The State opposed bail, but the court considered the circumstances, including the lack of on‑spot apprehension and the length of custody since 10‑03‑2026. The court ordered his release on bail with a bond of Rs.10,000, two sureties, and conditions under Section 480(3) of the BNSS, including attendance at court dates and cancellation on repeated absences.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act?
- Whether the mandatory provisions of the BNSS have been complied with in the arrest and detention of the petitioner.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- BNSS
- criminal procedure
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30411 of 2026
Arising Out of PS. Case No.-134 Year-2025 Thana- KATIHAR MUFFASIL District- Katihar
======================================================
Ajay Hanri @ Ajay Hadi S/o Raj Kumar Hadi R/o Tola Saheb, P.S. - Katihar
Mufasil, Distt. - Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mrs.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Muffasil P.S. Case No. 134 of 2025, registered
for the offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, in a drive against illicit
liquor, police received secret information about petitioner and
other coaccused persons hiding country made liquor in the
house of the petitioner and selling the same to the whole village.
A search was conducted in the house of the petitioner and
recovery of 400 litre of country made chulai liquor was made.
Two motorcycles were also seized.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.30411 of 2026(2) dt.11-05-2026
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petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Petitioner was not apprehended
from the spot and nothing incriminating has been recovered
from his conscious possession. The mandatory provisions of
BNSS have not been adhered to. The petitioner is in custody
since 10.03.2026. Petitioner is having antecedent of one case.
5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
fact that petitioner was not apprehended from the spot and
further considering period of custody of the petitioner, the
petitioner is directed to be released on bail, on furnishing bail
bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Excise Court-II, Katihar/concerned
court, in connection with Muffasil P.S. Case No. 134 of 2025,
subject to the condition laid down under Section 480(3) of the
BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
Patna High Court CR. MISC. No.30411 of 2026(2) dt.11-05-2026
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each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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