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Patna High Court

Ajay Kumar @ BholiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the conditions imposed by the Court.

Summary

The petitioner, Ajay Kumar, was arrested on 24‑12‑2025 after police recovered 104.58 litres of liquor from three vehicles and charged him under Sections 30(a) and 32(III) of the Bihar Prohibition and Excise Act. He claimed he was only the driver of one vehicle, had no knowledge of the liquor, and that no incriminating material was found in his possession. He further argued that the arrest violated Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and pointed to his four prior criminal antecedents. The State opposed bail, emphasizing the seriousness of the offence. Considering the length of custody, lack of direct evidence, and the petitioner’s claim of innocence, the Court granted bail on a bond of Rs 15,000 with two sureties, subject to conditions of appearance, non‑tampering with evidence, and surety requirements.

Issues considered

  • Whether bail should be granted to the accused in a case of alleged liquor smuggling under the Bihar Prohibition and Excise Act
  • Whether the arrest complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Legislation cited

Subjects

  • bail
  • excise
  • liquor smuggling
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • surety
  • Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7898 of 2026
                     Arising Out of PS. Case No.-310 Year-2025 Thana- Excise P.S. District- Madhepura
                 ======================================================
                 Ajay Kumar @ Bholi Son of Late Surendar Yadav R/o Village - Dwarika
                 Tola, Ward no. 10, P.S. - Mrliganj, District - Madhepura.
                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Surya Narayan Yadav, Advocate
                 For the Opposite Party/s :        Mr.Sunil Kumar Pandey, A.P.P.
                 ======================================================
                 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

                   Madhepura Excise P.S. Case No. 310 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 32(III) of the

                   Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 104.580

                   liters liquor was recovered from three cars. Petitioner was

                   arrested on the spot.

                                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. Learned counsel
Patna High Court CR. MISC. No.7898 of 2026(2) dt.10-02-2026
                                            2/3




          further submitted that the petitioner is driver of vehicle bearing

          Reg.No. BR43Q-3894 and he has no knowledge regarding the

          goods loaded in the vehicle. The petitioner is in custody since

          24.12.2025 and has got four criminal antecedents. There is no

          compliance of Section 103 of the Bharatiya Nagarik 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 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/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Madhepura Excise P.S. Case No. 310

          of 2025, subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.
           Patna High Court CR. MISC. No.7898 of 2026(2) dt.10-02-2026
                                                       3/3




                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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