Patna High Court
Ajit Kumar RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail with specified conditions.
Summary
The petitioner, Ajit Kumar Ray, was arrested in connection with the seizure of 69.120 litres of illicit liquor from his residence, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He had been in custody since 2 May 2026 and possessed a prior criminal antecedent from a 2025 excise case. The petitioner claimed innocence and offered to donate Rs. 25,000 to a charitable organization without admitting guilt, while the State opposed bail. The Court, after considering the facts, the period of custody, and the submissions, granted regular bail subject to a cash deposit, sureties, and attendance conditions. The order emphasized that the observations were prima facie and would not affect the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act despite the seizure of a large quantity of illicit liquor and a prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illicit liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40603 of 2026
Arising Out of PS. Case No.-111 Year-2026 Thana- EXCISE BIRAUL District- Darbhanga
======================================================
Ajit Kumar Ray Son of Ashok Roy @ Ashok Kumar Ray Resident of Village-
Belwara, Ward No. 03, P.S.- Ghanshyampur, District- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nilendu Kumar Choudhary
For the Opposite Party/s : Mr. Tarun Prasad Mandal
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise Biraul P.S. Case No. 111
of 2026, registered for offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 69.120 liters of illicit
liquor have been recovered from the house of the petitioner. The
petitioner is in custody since 02.05.2026 and has one criminal
antecedent vide Jamui Excise P.S. Case No. 1193 of 2025.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
Patna High Court CR. MISC. No.40603 of 2026(2) dt.24-06-2026
2/3
25,000/- (Rupees Twenty-Five Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise Biraul P.S.
Case No. 111 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 25,000/- (Rupees Twenty-Five Thousand only)
with Ramakrishna Mission Sevashrama, Swami
Vivekananda Path, Bela, Muzaffarpur, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
(ii). The petitioner shall mark his
attendance at Ghanshyampur Police Station on
every Sunday of each month. In the event of
Patna High Court CR. MISC. No.40603 of 2026(2) dt.24-06-2026
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default, the bail bonds shall be liable to be
cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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