Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted bail to both petitioners subject to a bond of Rs 10,000 each and the condition of cooperation and appearance before the trial court.
Summary
The petitioners, Ajay Kumar and Sandeep Kumar, were arrested in connection with a seizure of 60.48 litres of illicit foreign liquor from a bike, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were innocent, had no possession of the liquor and that the police seizure violated Section 105 of the BNSS. The State opposed bail, highlighting that petitioner‑1 had six prior criminal cases and petitioner‑2 had one. After hearing both sides, the High Court held that bail could be granted provided the petitioners cooperate with the trial and appear when required. Accordingly, each petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties of the same amount.
Issues considered
- Whether the petitioners are entitled to bail despite the seriousness of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the seizure of the liquor complied with Section 105 of the BNSS.
- Whether the petitioners' criminal antecedents preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 105
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- seizure
- criminal antecedent
- Section 30(a)
- Section 105
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31643 of 2026
Arising Out of PS. Case No.-104 Year-2026 Thana- BUXAR MUFFSIL District- Buxar
======================================================
1. Ajay Kumar Son of Late Banwari Singh R/O Village - Mathiya More, P.S.-
Buxar (Town), District - Buxar.
2. Sandeep Kumar Son of Parasnath Gond R/O Village - Kamhariya, P.S.-
Buxar (Mufasil), District - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Kumar Pandey, Advocate.
For the Opposite Party/s : Mr. Anish Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 14-05-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners has prayed for bail in connection
with Buxar (Muffasil) P.S. Case No. 104 of 2026 registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. The case of the prosecution, in short, is that from a
bike, altogether 60.48 liters of illicit foreign liquor was
recovered.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.31643 of 2026(2) dt.14-05-2026
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petitioners have submitted that petitioners are innocent and
have committed no offence. They have been falsely implicated
in this case. He also submits that the petitioners are not
concerned in any way with the alleged bike. He further submits
that nothing has been recovered from the possession of the
petitioners. The witnesses of the seizure list are police
personnel and the police has not complied with Section 105 of
the BNSS while making the seizure. Moreover, the petitioners
are languishing in judicial custody since 06.04.2026.
5. The application for bail is opposed by learned APP
for the State and submits that the petitioner no. 2 is having
criminal antecedent of one case whereas petitioner no. 1 is
having criminal antecedent of six cases.
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 with the condition
that the petitioners shall cooperate in trial and shall remain
present in the learned trial court whenever required. The
above named petitioners are directed to be enlarged on bail on
furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only)
each with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise, Court-I,
Patna High Court CR. MISC. No.31643 of 2026(2) dt.14-05-2026
3/3
Buxar in connection with Buxar (Muffasil) P.S. Case No. 104
of 2026.
(Ashok Kumar Pandey, J)
Sudhanshu/-
U T
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