Patna High Court
Ajit Kumar @ Ajeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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