Patna High Court
Ajay kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The Court granted anticipatory bail to the petitioner subject to a bond and conditions under the BNSS, 2023.
Summary
The petitioner, Ajay Kumar, faced possible arrest in a case involving 30 litres of illicit liquor recovered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He claimed innocence, arguing that no liquor was found in his conscious possession and that his name appeared only because of a confessional statement, while noting a pending criminal case under the IPC for which bail had already been granted. The State opposed bail, citing the petitioner’s lack of a clean criminal record. The Court considered the circumstances and, applying the provisions of the BNSS, 2023, granted anticipatory bail for a period of four weeks, subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNSS, 2023. The order was pronounced by Justice Dr. Anshuman in a virtual hearing.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the BNSS, 2023 in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the petitioner’s prior criminal antecedent precludes the grant of anticipatory bail.
- Whether a confessional statement alone is sufficient to justify arrest in the present case.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- confessional statement
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36458 of 2026
Arising Out of PS. Case No.-66 Year-2026 Thana- BACHHWARA District- Begusarai
======================================================
Ajay kumar S/o Ashok Yadav @ Ashok Kumar Ro Vill. - Rudauli, Ward no.
12, P.O. - Udauli, P.S. - Bachhwara, Dist. - Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 04-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending arrest in connection
with Bachhwara P.S. Case No. 66 of 2026, dated 01.03.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
4. As per the prosecution, total recovery of 30 litres of
illicit liquor has been made, which is the subject matter of the
present case.
5. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that nothing has been recovered from the
Patna High Court CR. MISC. No.36458 of 2026(2) dt.04-06-2026
2/2
conscious possession of the petitioner. Counsel further submits
that the petitioner’s name has surfaced in the present case solely
on the basis of a confessional statement. Counsel also submits
that the petitioner does not have a clean criminal antecedent, as
one criminal case is pending against him. However, the said
case is not under the Excise Act but under the Indian Penal
Code, in which he has already been granted bail.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean.
7. Considering the facts and circumstances of the
present case, let the above-named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of Exclusive Special Excise Judge-I, Begusarai in
connection with Bachhwara P.S. Case No. 66 of 2026, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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