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Patna High Court

Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

In view of the petitioner’s clean antecedent and lack of conscious possession of the seized spirit, bail may be granted subject to prescribed conditions.

Summary

Ajay Kumar was arrested on 8 May 2026 after police seized 490 litres of spirit from his vehicle and he was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner pleaded that he has no prior criminal record and that the seized spirit was not in his conscious possession, contending that the seizure list witnesses were police officers. The State opposed bail, arguing the seriousness of the offence. The court examined the facts, noted the petitioner’s clean antecedent and lack of direct possession, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent but prohibited delay in granting bail for that purpose.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2022.
  • Whether the petitioner’s clean antecedent and absence of conscious possession justify bail.
  • Whether the conditions imposed on bail are appropriate and sufficient.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • possession
  • clean antecedent
  • criminal procedure
  • excise law

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40824 of 2026
                      Arising Out of PS. Case No.-164 Year-2026 Thana- BARACHATTI District- Gaya
                 ======================================================
                 Ajay Kumar Son of Mahendra Sao R/o Village - Manikpur, P.S. - Kurtha,
                 District - Arwal, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ritwaj Raman
                                          :       Mrs. Jhashi Priya
                                          :       Ms. Pankhuri
                                          :       Mr. Anand Abhishek
                 For the Opposite Party/s :       Mr. Parmanand Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   08.05.2026 in connection with Barachatti P.S. Case No. 164 of

                   2026 for the offence punishable under Section 30(a) of Bihar

                   Prohibition and Excise Act, 2022.

                                3. According to prosecution case, the accused was

                   apprehended on the spot with total 490 litres spirit transporting

                   from a Bolero bearing registration no. JH-10H-3996 and he was

                   driving the said vehicle at the time of alleged occurrence. The

                   petitioner has himself stated in para 3 of his bail petition that he

                   has no any criminal antecedent which is evident from the case
Patna High Court CR. MISC. No.40824 of 2026(2) dt.30-06-2026
                                            2/3




          diary para-13. The informant in his re-statement in para 03 of

          the case diary and prosecution witnesses in para 04 & 05 of the

          case diary have supported the case of prosecution.

                      4. Learned counsel for the petitioner submits that

          petitioner has clean antecedent and he has falsely been

          implicated in the present case. Learned counsel for the petitioner

          submits that it appears from the FIR and seizure list that

          recovery of 490 liters of spirit was recovered from the vehicle in

          question. It is next submitted that from perusal of the seizure list

          it appears that the seizure list witnesses are police personnel and

          petitioner is in custody since 08.05.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner has clean antecedent and nothing has

          been recovered from the conscious possession of the petitioner

          and seizure list witnesses are police personnel, 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 Exclusive Special Excise

          Judge, Court No. 5, Gaya in connection with Barachatti P.S.

          Case No. 164 of 2026, subject to the following conditions:-
           Patna High Court CR. MISC. No.40824 of 2026(2) dt.30-06-2026
                                                       3/3




                                  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)
Gaurav Sinha/-

U      T


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