Patna High Court
Ashwini KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioner subject to specified conditions.
Summary
The petitioner, Ashwini Kumar, was arrested in connection with Excise Masaudhi PS Case No. 689 of 2025 for alleged possession of 160 litres of country‑made liquor recovered from an auto‑rickshaw. He contended that he was merely a passenger, had no knowledge of the illicit liquor, and that no incriminating material was found in his possession. The prosecution relied on the recovery of the liquor and alleged violation of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner, represented by Advocate Arun Bharti, highlighted his prior criminal antecedent, the lack of compliance with Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, and argued that bail was appropriate given the circumstances. The State, through APP Sucheta Yadav, opposed bail. The Court, after considering the facts, the period of custody since 15‑11‑2025, and the absence of direct evidence, inclined to grant bail. Bail was ordered on a bond of Rs.15,000 with two sureties and subject to conditions regarding family surety, appearance, non‑tampering, and non‑commission of similar offences. The order directed that bail may be cancelled if conditions are breached.
Issues considered
- Whether the petitioner is entitled to bail under the Bihar Prohibition and Excise Act for alleged offences under Sections 30(a) and 32(3).
- Whether the lack of compliance with Section 103 of the BNSS, 2023, precludes the grant of bail.
- Whether the petitioner poses a risk of tampering with evidence or committing further offences.
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 103 BNSS
- criminal procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7314 of 2026
Arising Out of PS. Case No.-689 Year-2025 Thana- EXCISE MASAUDHI District- Patna
======================================================
Ashwini Kumar S/O Suraj Prasad R/O East Unta, Ward No.-10, P.S.-
Jehanabad, Distt.- Jehanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Bharti, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 10-02-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Excise
Masaudhi PS Case No. 689 of 2025 instituted for the offences
under Section/s 30(a) & 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 160 liters
country made liquor was recovered from Auto.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.7314 of 2026(2) dt.10-02-2026
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that name of the petitioner has surfaced in this case as being
passenger of the vehicle in question and he was oblivious of the
fact that illicit liquor was laden in the vehicle. The petitioner is
in custody since 15.11.2025 and has got one criminal
antecedent/s. 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 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Excise Masaudhi PS Case No. 689 of 2025,
subject to the following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
Patna High Court CR. MISC. No.7314 of 2026(2) dt.10-02-2026
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(III) The petitioner will not tamper with the evidence
or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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