Patna High Court
Ajit Kumar SaoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted regular bail to the petitioner.
Summary
The petitioner, Ajit Kumar Sao, was arrested in connection with the recovery of 648 litres of illegal liquor from his pick‑up van and charged under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act. He applied for regular bail, contending that no incriminating material was found in his conscious possession, he has a clean antecedent, and he has been in custody since 13‑03‑2026. The State opposed the bail. The Court, after considering the nature of the accusation, the petitioner’s clean record and the short period of custody, granted bail on the condition of a Rs.10,000 bond with two sureties, to be satisfied before the Exclusive Excise Court‑II, Jamui. The bail order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s clean antecedent and short custody period justify regular bail despite the nature of the offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30970 of 2026
Arising Out of PS. Case No.-268 Year-2019 Thana- SONO District- Jamui
======================================================
Ajit Kumar Sao S/o Birju Sao @ Birju Saw Resident of village - Parsatand,
P.S - Jharia, District - Dhanbad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Sono P. S. Case No. 268 of 2019 registered for the offences
punishable under Sections 30(a), 41 of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, 648 liters illegal liquor
was recovered from the pick-up van of this petitioner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner claims clean antecedent and is in
custody since 13.03.2026. Charge-sheet has already been
submitted.
Patna High Court CR. MISC. No.30970 of 2026(2) dt.14-05-2026
2/2
5. However, learned A.P.P. for the State vehemently
opposed the bail application.
6. Considering the nature of accusation, clean
antecedent and period of custody, this bail application is
allowed. The petitioner, above named, is directed to be released
on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
the learned Exclusive Excise Court-II, Jamui in connection with
Sono P. S. Case No. 268 of 2019.
(Prabhat Kumar Singh, J)
Navya/-
U T
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