Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner subject to a cash bond, sureties, and conditions prescribed under Section 480(3) of the BNSS.
Summary
The petitioner, Ajay Kumar, was arrested for allegedly transporting 143.92 litres of illicit foreign liquor, violating Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act. He claimed innocence, arguing that he was merely the driver, that no incriminating items were found in his possession, and that the search and seizure were procedurally flawed due to the absence of an independent witness. The State opposed bail, citing the seriousness of the offence. The court considered the nature of the allegation, the petitioner’s clean antecedent, and the length of his custody since 22 May 2026. It granted bail on a bond of Rs.10,000 with two sureties, imposing conditions under Section 480(3) of the BNSS and additional requirements such as a close relative as a bailor and regular court attendance.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition & Excise Act given the nature of the alleged offence
- Whether procedural defects in the search and seizure justify bail
- Whether the petitioner’s clean antecedent and period of custody warrant release on bail
Legislation cited
- Bihar Negotiable Securities Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a), 32(3)
Subjects
- bail
- excise
- prohibition
- illicit liquor
- search and seizure
- clean antecedent
- Bihar Prohibition & Excise Act
- Section 480(3) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42141 of 2026
Arising Out of PS. Case No.-574 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Ajay Kumar, Son of Late Ganga Choudhary @ Ganga Prasad Choudhari,
Resident of village – Laluwabari, Ward No. 07, P.S.- Jokihat, District - Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Kishanganj Excise P.S. Case No. 574 of 2026,
registered for the alleged offence under Sections 30(a), 32(3) of
the Bihar Prohibition & Excise Act.
3. As per prosecution case, the petitioner was
apprehended transporting 143.920 liters of illicit foreign liquor
and beer.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner is the driver
of the vehicle and has no concern with the allegedly recovered
Patna High Court CR. MISC. No.42141 of 2026(2) dt.01-07-2026
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liquor. There is violation of statutory provisions for search and
seizure as no independent witness has been joined. The
petitioner is in custody since 22.05.2026 and is having clean
antecedent.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation against the petitioner and further
considering the period of custody of the petitioner and his clean
antecedent, the petitioner above named is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Excise Court No.2,
Kishanganj/court concerned in connection with Kishanganj
Excise P.S. Case No. 574 of 2026 (Special Case No. 587/2026),
subject to the conditions mentioned in Section 480(3) of BNSS
and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
Patna High Court CR. MISC. No.42141 of 2026(2) dt.01-07-2026
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(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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