Patna High Court
Ajay Kumar ChoudharyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
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
- Bihar Excise and Prohibition Act — s. 30(a), 41
- B.N.S.S. — s. 105
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.