Patna High Court
Ashok Kumar @ Ashok Kumar Ray @ Ashok RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
Bail is granted because the alleged liquor was not recovered from the petitioner's conscious possession and he has no prior criminal record.
Summary
The petitioner, Ashok Kumar, sought bail in a case where 1,416.96 litres of illicit Indian country-made liquor were seized from the cabin of his truck. He contended that the liquor was not in his conscious possession and that he has no prior criminal record, having been in custody since 26-03-2026. The State opposed the bail, invoking the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The Court noted the lack of conscious possession and the petitioner's clean antecedent, and therefore inclined to grant bail. Accordingly, bail was ordered on a bond of Rs.10,000 with two sureties, subject to the Special Excise Court's satisfaction, and the Court clarified that its observations were prima facie and not on the merits of the trial.
Issues considered
- Whether bail should be granted to the petitioner when the seized liquor was not in his conscious possession and he has no criminal antecedent.
Legislation cited
Subjects
- bail
- prohibition
- excise
- illicit liquor
- conscious possession
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34284 of 2026
Arising out of PS. Case No.-469 Year-2024 Thana- JANDAHA District- Vaishali
======================================================
Ashok Kumar @ Ashok Kumar Ray @ Ashok Ray S/o Rajgir Ray Resident of
Village - Madhopur Kapur, PS - Kudhani, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dr. Bipin Chandra, Adv.
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in Jandaha P.S. Case No.
469 of 2024 registered for offence under Sections 30(a) of the
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. The allegation is that 1416.96 litres Indian country
made liquor of different brands kept in cartoons was recovered
from the cabin of the truck and the petitioner is the owner of the
registered vehicle.
4. Learned counsel for the petitioner submits that
nothing incriminating article was recovered from the conscious
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent and is in custody since
26.03.2026.
5. Learned Additional Public Prosecutor for the State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.34284 of 2026(2) dt.20-05-2026
2/2
6. Considering that the alleged recovery was not
recovered from the conscious possession of the petitioner and
the petitioner is in custody since 26.03.2026 having no criminal
antecedent, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner, above named, be released
on bail on furnishing bail bonds of Rs. 10,000/- (Ten
thousand) with two sureties of the like amount each to
the satisfaction of the learned Court of Exclusive
Special Excise Court No.-1-cum-Additional District
and Sessions Judge, Vaishali in connection with
Jandaha P.S. Case No. 469 of 2024 .
8. It is made clear that any observation made
herein is prima facie in nature and limited solely for
the purpose of adjudication of the present bail
application. Such observations shall not be construed
as an expression on the merits of the case and shall not
influence the trial or any other proceedings in any
manner.
(Ansul, J)
Vikash/-
U T
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