Patna High Court
Ujjawal Kumar Mishra @ Ujjwal Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Ujjawal Kumar Mishra, was arrested on 14 April 2026 after 163.5 litres of illicit country-made liquor was seized from a vehicle he owned. He was charged under Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner argued that he had no actual possession of the liquor and was implicated merely as the vehicle owner, while the prosecution highlighted his drunken state at the scene and three prior criminal antecedents, though he was on bail in other cases. The court examined the facts, the nature of the offences, and the petitioner’s antecedents, and decided to grant bail. Bail was conditioned on a Rs.10,000 bond with two sureties, cooperation with the trial, attendance at court dates, and no tampering with evidence or concealment of antecedents.
Issues considered
- Whether bail should be granted to a person charged under the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged possession of illicit liquor when the alleged possession is based solely on ownership of the vehicle.
- Whether the petitioner’s prior criminal antecedents and alleged drunken state at the scene justify denial of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 33, 34
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- possession
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40086 of 2026
Arising Out of PS. Case No.-240 Year-2026 Thana- AURANGABAD TOWN District-
Aurangabad
======================================================
Ujjawal Kumar Mishra @ Ujjwal Kumar Mishra S/o Satyendra Mishra @
Sant Kumar Mishra Resident of Village - Puraina, P.S. - Vijayipur, District -
Gopalganj. At present Mohalla - Ratauna, House of Kapildeo Singh, P.S. -
Muffasil, Dist. - Aurangabad(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Devesh Kumar Singh, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Devesh Kumar Singh, learned counsel
for the petitioner and Ms. Sucheta Yadav, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
14.04.2026 in connection with Town P.S. Case No. 240 of 2026,
F.I.R. dated 13.04.2026 for the offences punishable under
Sections 30(a), 33 and 34 of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. Recovery is of 163.5 liters of illicit country made
Tanka liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been implicated in the
Patna High Court CR. MISC. No.40086 of 2026(2) dt.30-06-2026
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present case. He further submits that it appears from the F.I.R.
as well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather the recovery of
altogether 163.5 liters of illicit liquor has been made from the
vehicle in question and petitioner has been made accused
merely on the ground that he is owner of the said vehicle in
question and apart from that the petitioner has been arrested
from the place of occurrence. He further submits that the
petitioner has no concern at all from the recovery of the illicit
liquor. The petitioner is in custody since 14.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that the petitioner was found to be in a drunken state at
the place of occurrence and apart from that the petitioner carries
three criminal antecedents other than the present one but fairly
submits that he is on bail in all the pending matters.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned District &
Additional Sessions Judge-cum-Exclusive Special Judge, Excise
Court No. I, Aurangabad in connection with Town P.S. Case No.
Patna High Court CR. MISC. No.40086 of 2026(2) dt.30-06-2026
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240 of 2026 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
U T
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