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Patna High Court

Ajay Kumar ChoudharyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court granted regular bail to the petitioners.

Summary

The petitioners, Ajay Kumar Choudhary (driver) and Fulo Sharma (passenger), were arrested in connection with the seizure of 83.16 litres of illicit foreign liquor from their vehicle and charged under Sections 30(a) and 41 of the Bihar Excise and Prohibition Act. They contended that the liquor was not in their possession, that the seizure list was not prepared in compliance with Section 105 of the B.N.S.S., and that they were falsely implicated. The petitioners, who had been in custody since 19 March 2026, sought regular bail, arguing lack of criminal antecedent for the second petitioner and only a similar prior offence for the first. The State opposed the bail application. The High Court, after considering the facts, directed that the petitioners be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Exclusive Special Judge (Excise)-I, Saharsa.

Issues considered

  • Whether regular bail can be granted to the accused under Sections 30(a) and 41 of the Bihar Excise and Prohibition Act when the seizure procedure may not have complied with Section 105 of the B.N.S.S.
  • Whether the alleged possession of illicit liquor by the petitioners justifies denial of bail.

Legislation cited

Subjects

  • regular bail
  • excise law
  • illicit liquor
  • seizure procedure
  • Section 105
  • Bihar Excise and Prohibition Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33179 of 2026
                       Arising Out of PS. Case No.-43 Year-2026 Thana- Baijnathpur District- Saharsa
                 ======================================================
           1.     Ajay Kumar Choudhary, S/O Chandra Shekhar Choudhary, R/O Village-
                  Batraha, Bhartiya Nagar, P.S.- Saharsa, Distt.- Saharsa.
           2.    Fulo Sharma @ Phulo Sharma S/O Dharaya Sharma R/O Village- Korlahi,
                 P.S.- Sharsa, Distt.- Saharsa.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Ankita Kumari, Advocate
                 For the Opposite Party/s :         Mr. Ahmad Ali, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER

2   21-05-2026                     Heard the learned counsel for the petitioners and

                   learned APP for the State through Video Conferencing.

                                2. The petitioners have prayed for regular bail in a

                   case registered for the offence punishable under Sections 30(a),

                   41 of Bihar Excise and Prohibition Act.

                                3. The case of the prosecution in brief is that,

                   altogether 83.16 liters of illicit foreign liquor was recovered

                   from the vehicle.

                                4. Learned counsel for the petitioners submits that,

                   nothing has been recovered from the possession of these

                   petitioners. It is also submitted that all the witnesses to the

                   seizure list are police personnel, and the police have not
           Patna High Court CR. MISC. No.33179 of 2026(2) dt.21-05-2026
                                                       2/2




                     complied the mandatory provisions of Section 105 of the

                     B.N.S.S. while making the Seizure List. Learned counsel of the

                     petitioners has further submitted that the petitioners are innocent

                     and they have falsely been implicated in this case. It has further

                     been submitted by the learned counsel of the petitioners that

                     petitioner no. 1 is the driver of the vehicle whereas petitioner

                     no. 2 was sitting beside him. It is also submitted that petitioner

                     no. 2 is having no criminal antecedent whereas petitioner no. 1

                     is having one criminal antecedent that is of similar nature and

                     they are in custody since 19.03.2026.

                                  5. Learned APP appearing for the State has

                     vehemently opposed the prayer of the regular bail.

                                  6. Considering the aforesaid facts and circumstances

                     of the case, this Court is inclined to enlarge the petitioner on

                     bail. The above-named petitioner is directed to be released on

                     bail in connection with Bajnathpur P.S. Case No. 43 of 2026 on

                     furnishing bail bond of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of learned

                     Exclusive Special Judge (Excise)-I, Saharsa/concerned Court.


                                           (Ashok Kumar Pandey, J)
khushbu/Ritwika

U      T


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