Patna High Court
Aakash Aamtha Bhai MajeeranaversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court denied regular bail to the petitioner.
Summary
The petitioner, Aakash Aamtha Bhai Majirana, applied for regular bail in a case registered under Sections 30(a) and 41 of the Bihar Prohibition and Excise Act for allegedly transporting 9,738.360 liters of illicit liquor. The prosecution alleged that the liquor was recovered from the truck driven by the petitioner. The petitioner claimed innocence, clean antecedents, and had been in custody since 13‑12‑2025. The State opposed the bail, emphasizing the large quantity of contraband seized. The High Court, after considering the facts, declined to grant regular bail, noting that its observations were prima facie and not a determination on the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail despite the seizure of a large quantity of illicit liquor under the Bihar Prohibition and Excise Act.
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Sections 30(a) and 41
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6602 of 2026
Arising Out of PS. Case No.-665 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
Aakash Aamtha Bhai Majeerana Son of Aamthabhai Israbhai Majirana
Resident of village - Ambavadi Ganeshpur, P.S.- Palanpur, District -
Banshkantha, State - Gujrat.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar
For the Opposite Party/s : Mr. Md. Fahimuddin
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 06-04-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Saraiya P.S. Case No. 665 of 2025 registered for the offence
under Sections 30(a) and 41 of the Bihar Prohibition and Excise
Act..
3. As per the prosecution case, 9738.360 liters of
illicit liquor have been recovered from the truck which was
being driven by the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 13.12.2025 and claims clean
antecedent.
Patna High Court CR. MISC. No.6602 of 2026(5) dt.06-04-2026
2/2
5. Learned counsel for the State vehemently opposes
the bail application.
6. Considering the recovery of a huge quantity of
illicit liquor from the possession of the petitioner, this Court is
not inclined to grant regular bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
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.
(Sandeep Kumar, J)
Shishir/-
U T
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