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Patna High Court

Ashudeep PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                        3/3




                      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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