Patna High Court
Ajay BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court ordered that the petitioner be released on bail upon furnishing a bond of Rs 10,000 with two sureties, subject to specified conditions.
Summary
The petitioner, Ajay Baitha, was arrested on 21‑04‑2026 in connection with a case involving the seizure of 20 litres of illicit spirit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the liquor was recovered from bamboo clumps and that he had no role in the incident, also arguing that the seizure list witnesses were police officers, thereby breaching Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023. The State opposed bail, asserting that the liquor was found in the petitioner’s possession and noting a similar pending case against him, although he was already on bail in that matter. The Court examined the bail petition, the procedural deficiencies alleged, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs 10,000 with two sureties of equal amount, subject to strict conditions. The order also directed the lower court to verify the petitioner’s antecedents and to cancel bail if evidence tampering or concealment of antecedents occurs.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances (Suppression) Act, 2023, warrants denial of bail.
- Whether the existence of a similar pending case affects the grant of bail in the present matter.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 103, 105
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- Section 30(a)
- procedural compliance
- criminal antecedent
- excise
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32766 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- ISUAPUR District- Saran
======================================================
Ajay Baitha S/o Late Mohan Baitha Resident of Village- Ramchaura, P.S.-
Isuapur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Shambhawi, Advocate
Ms.Mili Kumari, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 13-05-2026 Heard Ms.Shambhawi, learned counsel for the
petitioner and Mr.Sanjay Kumar Sharma, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
21.04.2026 in connection with Isuapur P.S. Case No. 138 of
2026, F.I.R. dated 19.04.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 20 liters of illicit spirit liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that the recovery has been made from the Bamboo clumps and
petitioner has no role at all in the present occurrence and the
Patna High Court CR. MISC. No.32766 of 2026(2) dt.13-05-2026
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seizure list witnesses are police personnel so there is non-
compliance of Sections 103 and 105 of B.N.S.S., 2023 and the
petitioner is in custody since 21.04.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the recovery has been
made from the possession of the petitioner, apart from that, the
petitioner carries one more case other than the present one of
similar nature but he fairly submits that the petitioner is on bail
in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, 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 learned 3rd Exclusive Special Excise
Judge, Saran at Chapra in connection with Isuapur P.S. Case No.
138 of 2026,with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.32766 of 2026(2) dt.13-05-2026
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for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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