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Patna High Court

Ajay Hanri @ Ajay HadiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                                               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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