Patna High Court
Ashudeep PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was granted to the petitioner.
Summary
Ashudeep Prasad was arrested in connection with a case alleging that 215 litres of illicit country-made Chulai liquor were recovered from an e‑rickshaw. He contended that he was neither the driver nor the owner of the vehicle, that the liquor was not found in his conscious possession, and that he has a clean antecedent. The State opposed his request for regular bail. The court noted the absence of any independent witness to the seizure, the petitioner’s clean record, and the lack of direct evidence linking him to the liquor. Considering these factors, the court granted regular bail on the condition of a cash bond and two sureties. The petitioner was ordered to be released on bail pending further proceedings.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of direct possession and clean antecedent justify bail despite the allegations.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- regular bail
- bail petition
- Bihar Prohibition and Excise Act
- Section 30(a)
- illicit liquor
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35072 of 2026
Arising Out of PS. Case No.-93 Year-2026 Thana- Raghunathpur District- East Champaran
======================================================
Ashudeep Prasad,aged about 30 years, male, Son of Kanhaiya Prasad,
Resident of Village - Raghunathpur, P.S. - Raghunathpur, District- East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Opposite Party/s : Mr. Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 21-05-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks regular bail in connection with
Raghunathpur P.S. Case No. 93 of 2026, instituted for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act.
3. As per allegation in the FIR, total 215 liters of
country made Chulai liquor has been recovered from E-
rickshaw bearing registration no. BR05ER 8619.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case only on the basis of
suspicion. He submits that petitioner is neither the driver nor
Patna High Court CR. MISC. No.35072 of 2026(2) dt.21-05-2026
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the owner of the alleged seized e-rickshaw. He further submits
that nothing has been recovered from the conscious possession
of the petitioner. He next submits that petitioner has got clean
antecedent as stated in para 3 of the petition is in custody since
09.03.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned Exclusive Special Excise Court no.1 East
Champaran at Motihari, dated 13.04.2026, it appears that on the
basis of written report of the informant, FIR has been registered
under Section 30(a) of the Bihar Prohibition and Excise Act
against four co-accused persons including the present petitioner
and the allegation is of recovery of country made Chulai liquor.
Petitioner has got clean antecedent as stated in para 3 of the
petition is in custody since 09.03.2026 and there is no any
independent witness of the seizure list, so considering all the
aspects of the case and submission of learned counsel for the
petitioner, I am inclined to grant regular bail to the above named
petitioner.
7. Accordingly, the prayer for regular bail of the
above named petitioner is allowed. Let the petitioner above
Patna High Court CR. MISC. No.35072 of 2026(2) dt.21-05-2026
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named be released on regular 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 Exclusive Special
Excise Court-I, East Champaran at Motihari in connection with
Raghunathpur P.S. Case No. 93 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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