Patna High Court
Aditya RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners.
Summary
The petitioners, Aditya Raj and Devdatt Kumar, were arrested in connection with an Excise case (PS No. 205 of 2025) for alleged possession of 546.840 liters of foreign liquor recovered from bushes, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were falsely implicated, that no incriminating material was found in their possession, and that the liquor was recovered from an open area accessible to all. The State opposed bail, while the petitioners highlighted the lack of compliance with Section 103 of the BNSS, 2023 and the fact that one petitioner had a prior criminal antecedent while the other did not. Considering the circumstances, the Court found no compelling reason to keep them in custody and ordered bail. The petitioners were released on bail upon furnishing a bond of Rs.15,000 each with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in the present facts.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- foreign liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- Section 103
- BNSS 2023
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4455 of 2026
Arising Out of PS. Case No.-205 Year-2025 Thana- EXCISE ROSERA District- Samastipur
======================================================
1. Aditya Raj Son of shiv Kumar Poddar R/O- Bombaiya Harlal (Bomaia
Harlal), P.S.- Dalsinghsarai, Dist- Samastipur
2. Devdatt Kumar son of Shankar Mahto R/O- Bombaiya Harlal (Bomaia
Harlal), P.S.- Dalsinghsarai, Dist- Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shashank Shekhar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-01-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with Excise
Rosera PS Case No. 205 of 2025 instituted for the offences
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 546.840 liters
foreign liquor was recovered from bushes.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. It is
Patna High Court CR. MISC. No.4455 of 2026(2) dt.27-01-2026
2/2
submitted that recovery is from an open place, which is
accessible to one and all. The petitioners are in custody since
09.12.2025 and petitioner No.1 bears one criminal antecedent,
whereas petitioner No.2 bears no criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) each with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Excise Rosera PS
Case No. 205 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
Checking your session…