Patna High Court
Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner subject to the conditions prescribed under Section 480(3) of the BNSS.
Summary
Ajit Kumar was arrested in connection with a case involving the alleged illegal purchase of 322.36 litres of foreign liquor, charged under IPC sections 409 and 120(B) and several provisions of the Bihar Prohibition & Excise Act, 2016. The prosecution alleged that chowkidars under‑reported the seized liquor and sold it to co‑accused, and that the petitioner’s vehicle was seen entering and leaving the police station, leading to an inference that he bought the illicit liquor. The petitioner contended that he was at the police station only to report missing vehicle papers, that no incriminating material was found on him, and that he has a clean antecedent and has been in custody since 5 April 2026. The court, after considering the nature of the allegations, the petitioner’s clean record, the period of custody and the filing of the charge‑sheet, ordered his release on bail. Bail was granted on a bond of Rs 10,000 with two sureties and subject to conditions under Section 480(3) of the BNSS, including a relative bailor and mandatory court appearances.
Issues considered
- What is the appropriateness of granting bail to the petitioner under the charges of criminal breach of trust, criminal conspiracy and offences under the Bihar Prohibition & Excise Act?
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a), 50, 51, 52
- BNSS — s. 480(3)
- Indian Penal Code — s. 120(B), 409
Subjects
- bail
- criminal breach of trust
- criminal conspiracy
- Bihar Prohibition & Excise Act
- foreign liquor seizure
- clean antecedent
- Section 480(3) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42174 of 2026
Arising Out of PS. Case No.-217 Year-2024 Thana- BHAGWANPUR District- Vaishali
======================================================
Ajit Kumar S/O Shivji Das R/O village - Bhagwanpur, P. S - Bhagwanpur,
District – Vaishali.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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.
02. In the present case, the petitioner seeks bail in
connection with Bhagwanpur P.S. Case No. 217 of 2024
registered for the alleged offences under Sections 409, 120(B)
of the Indian Penal Code and Sections 30(a), 50, 51 and 52 of
the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, police seized 322.36
liters foreign liquor in connection with Bhagwanpur P.S. Case
No. 143 of 2024. Subsequently, it came to the notice of the SHO
that the Chowkidars while calculating the quantity of liquor
deliberately shown it on lesser side and sold some illicit liquor
to other co-accused persons. The vehicle of the petitioner was
found entering into the police station premises and returning
Patna High Court CR. MISC. No.42174 of 2026(2) dt.01-07-2026
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immediately thereafter and it was inferred that the petitioner
purchased the illicit liquor from other co-accused persons.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner went to the police station to lodge a report
about missing papers of the vehicle but no report was lodged
and he returned. Nothing incriminating has been recovered from
the possession of this petitioner who never participated in the
alleged crime. Learned counsel further submits that the
petitioner is having clean antecedent and is in custody since
05.04.2026. Charge-sheet has been submitted.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioner and his clean antecedent along with
submission of charge-sheet, 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. 1, Vaishali at Hajipur/court concerned in
Patna High Court CR. MISC. No.42174 of 2026(2) dt.01-07-2026
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connection with Bhagwanpur P.S. Case No. 217 of 2024, 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.
(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)
Ashish/-
U T
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