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Patna High Court

Ajit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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