Patna High Court
Ashish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that the petitioner is entitled to bail, subject to the conditions imposed, as the evidence does not warrant continued custody.
Summary
Ashish Kumar was arrested in connection with the seizure of 114 litres of Nepali liquor from a motorcycle (registration BR-50S-7647) and 81 litres from a second motorcycle during an SSB operation near the Nepal border. He contended that the seized vehicle did not belong to him, that no incriminating material was found on his person, and that he had been falsely implicated, citing his clean antecedents and the filing of a charge sheet. The State opposed bail, relying on the alleged offence under Section 30(a) of the Bihar Prohibition & Excise Act. The High Court, after considering the period of custody, the petitioner’s clean record, and the lack of direct evidence, ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required a close relative as one bailor, mandatory court appearances, and cancellation upon non‑compliance.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the seizure.
- Whether the mere suspicion arising from the seizure of liquor from a motorcycle not owned by the petitioner justifies continued detention.
- Whether the conditions prescribed in Section 480(3) of the BNSS are satisfied for granting bail.
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- excise
- prohibition act
- smuggling
- Nepali liquor
- clean antecedents
- suspicion
- motor vehicle seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30475 of 2026
Arising Out of PS. Case No.-83 Year-2026 Thana- Excise P.S. District- Araria
======================================================
Ashish Kumar, S/o Kuldeep Yadav, R/o village- Laxmipur, Post - Nawabganj,
P.S.- Fulkaha, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mrigendra Kumar, Advocate
For the Opposite Party/s : Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Araria Excise P.S. Case No. 83 of 2026
registered for the alleged offence under Section 30(a) of the
Bihar Prohibition & Excise Act.
3. As per prosecution case, SSB patrolling team found
two persons on two motorcycles coming from Nepal to India,
who tried to flee away on seeing the SSB Team. The first
motorcycle rider was apprehended and second motorcycle
rider fled away leaving behind his motorcycle. On seizure of the
motorcycle of the apprehended person, the petitioner herein,
recovery of 114 liters of country made Nepali liquor was made.
On search of the motorcycle left behind by the co-accused,
Patna High Court CR. MISC. No.30475 of 2026(2) dt.12-05-2026
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recovery of 81 liters of country made Nepali liquor was made.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The recovery has been made
from the motorcycle bearing registration no. BR-50S-7647, but
the said motorcycle does not belong to this petitioner. The
petitioner has been made accused merely on suspicion. The
petitioner is in custody since 03.03.2026 and is having clean
antecedents. The charge sheet has been submitted.
5. Learned APP for the State opposes the submission
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
period of custody of the petitioner, his clean antecedents and
submission of charge sheet, the petitioner above named is
directed to be released on bail on furnishing bail bonds of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge,
Excise-II, Araria/court concerned in connection with Araria
Excise P.S. Case No. 83 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
Patna High Court CR. MISC. No.30475 of 2026(2) dt.12-05-2026
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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.
(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)
V.K.Pandey/-
U T
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