Patna High Court
Ajay Kumar @ BholiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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(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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