Patna High Court
Aditya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The Court granted bail to the petitioner, holding that the circumstances did not justify continued detention.
Summary
The petitioner, Aditya Kumar, applied for bail in a case registered under Section 317(5) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of large quantities of liquor. The prosecution alleged that 864 litres of liquor were recovered from a Scorpio car and 72 litres from a motorcycle, implicating the petitioner. The petitioner contended that he had no conscious possession of the liquor, was falsely implicated, had no criminal antecedents, and had been in custody since 20 May 2026. The State opposed the bail, arguing the seriousness of the offences. Considering the lack of incriminating material in the petitioner's possession, his clean record, and the period of custody already served, the Court inclined to grant bail, subject to a bond of Rs. 10,000 and two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under the provisions of Section 317(5) B.N.S. and Section 30(a) Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged involvement in the liquor seizure warrants continued detention.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 317(5)
Subjects
- bail
- Section 317(5) B.N.S.
- Section 30(a) Bihar Prohibition and Excise Act
- liquor seizure
- criminal procedure
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45533 of 2026
Arising Out of PS. Case No.-115 Year-2026 Thana- BHUTAHI District- Sitamarhi
======================================================
Aditya Kumar S/o Ajay Ray R/o Village - Ramnagar, PS - Bathnaha, District -
Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Bhutahi P.S. Case No. 115 of 2026 registered for the offences
punishable under Section 317(5) of the B.N.S. and Section 30(a)
of the Bihar Prohibition and Excise Act.
3. The prosecution case is that a total of 864 litres of
liquor has been recovered from the Scorpio car and 72 litres of
liquor has been recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has no
concern with the alleged recovery of liquor. The petitioner has
Patna High Court CR. MISC. No.45533 of 2026(2) dt.08-07-2026
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been in custody since 20.05.2026 and has no criminal
antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Excise Judge-I, Sitamarhi/concerned Court in
connection with Bhutahi P.S. Case No. 115 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
abhishekkr/-
U T
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