Patna High Court
Ambuj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs.10,000 each with two sureties.
Summary
Ambuj Kumar and Akash Kumar were arrested in connection with the alleged recovery of 360 litres of illicit spirit from a Tata Panch car, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioners contended that they were falsely implicated and that there was no substantive link between them and the seized liquor or vehicle. The State opposed their bail application. After hearing both sides, the Court ordered that the petitioners be released on bail upon furnishing a bail bond of Rs.10,000 each, with two sureties of equal amount, to the satisfaction of the Additional Sessions Judge‑cum‑Exclusive Special Judge, Excise Court No.‑1, Aurangabad. The order effectively secured the petitioners' temporary liberty pending trial.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioners were falsely implicated in the alleged illegal liquor offence.
Legislation cited
Subjects
- bail
- prohibition act
- excise
- illegal liquor
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34815 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- Badem P.S. District- Aurangabad
======================================================
1. Ambuj Kumar, aged about 20 years (Male), son of Sanjay Prasad
Chaudhary, R/o Village- Devri Mistri, P.S- Devri OP, Dist- Palamu
(Jharkhand)
2. Akash Kumar, aged about 22 years (male), Son of Arvind Yadav, resident of
Village- Purendra Bigha, PS- Hussainabad, Dist- Palamu Jhakhand
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aman Vishal, Advocate
For the Opposite Party/s : Mr. Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioners as well as
learned APP for the State through virtual modes.
2. The petitioners are in custody in a case registered
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. As per allegation in the FIR, total 360 liters of illicit
spirit has been recovered from a Tata Panch Car bearing
registration no.JH-03AP-9809.
4. Learned counsel for the petitioners submits that
petitioners have falsely been implicated in this case. He next
submits that there is no concern with the alleged recovery of
liquor as well as vehicle in question. Petitioners have got clean
Patna High Court CR. MISC. No.34815 of 2026(2) dt.21-05-2026
2/2
antecedent as stated in para-3 of the petition and they are in
custody since 05.04.2026.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In view of the aforesaid submission of learned
counsel for the petitioners, let the above named petitioners be
released on bail on furnishing bail bond of Rs.10,000/- (ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned Additional Sessions Judge-cum-
Exclusive Special Judge, Excise Court No.-1, Aurangabad
(Bihar) in connection with Badem P.S. Case No. 28 of 2026.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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