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Patna High Court

Ajit Kumar @ Ajeet KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as no incriminating article was found in the petitioner’s possession and the statutory requirements under Section 103 were not satisfied.

Summary

The petitioner, Ajit Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 180 litres of liquor. He claimed he was falsely implicated, asserting that no liquor was found in his conscious possession and he had no link to the vehicle used. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, and the petitioner’s two prior criminal records. The court considered the facts, the duration of custody since 15‑12‑2025, and the statutory non‑compliance, and decided to grant bail. Bail was ordered on the condition of a Rs.15,000 bond with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the presence of prior criminal antecedents precludes bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • Bihar
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5948 of 2026
                      Arising Out of PS. Case No.-66 Year-2025 Thana- YADOPUR District- Gopalganj
                 ======================================================
                 Ajit Kumar @ Ajeet Kumar S/O Madan Yadav R/O Village- Jadopur Shukul,
                 P.S- Jadopur (yadopur), Distt.- Gopalganj.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Lokesh Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Narsingh Tanti, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   31-01-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Jadopur

                   (Yadopur) P.S. Case No. 66 of 2025 instituted for the offences

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 180 litres

                   of liquor was recovered from motorcycle.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner is in no manner connected with the vehicle in
           Patna High Court CR. MISC. No.5948 of 2026(2) dt.31-01-2026
                                                       2/2




                     question or the alleged recovery of liquor. The petitioner is in

                     custody since 15.12.2025 and has two criminal antecedents.

                     There is no compliance of Section 103 of the Bharatiya

                     Nagarika Suraksha Sanhita, 2023.

                                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 as also 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. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Jadopur (Yadopur)

                     P.S. Case No. 66 of 2025.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T


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