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Patna High Court

Ajay Kumar Mehta @ Ajay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Ajay Kumar Mehta was arrested in connection with the recovery of 918 litres of liquor from a thatched house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he was not the owner of the house, no incriminating material was found in his possession, and that the investigation failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Despite having five prior criminal antecedents and being in custody since 21‑11‑2025, the State opposed bail. The Court, after considering the circumstances and the period of custody, decided to grant bail subject to a bond of Rs. 15,000 with two sureties and specific conditions regarding appearance and future conduct. The bail order includes provisions for cancellation if the petitioner defaults on appearances or commits a similar offence.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.
  • Whether the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • criminal antecedents
  • ownership of premises
  • liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89945 of 2025
                      Arising Out of PS. Case No.-213 Year-2025 Thana- BHAPTIAHI District- Supaul
                 ======================================================
                 Ajay Kumar Mehta @ Ajay Kumar S/O Late Subhash Mehta R/O Vill.-
                 Gadhiya,Ward NO.- 8, Dist- Supaul


                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Bhaptiyahi P.S. Case No. 213 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 918 liters

                   liquor was recovered from thatched house of the petitioner.

                                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
Patna High Court CR. MISC. No.89945 of 2025(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the petitioner is not the

          owner of the thatched house in question and the petitioner was

          not arrested on spot. Name of the petitioner has transpired in

          this case in course of investigation. The petitioner is in custody

          since 21.11.2025 and has got five 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 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 Bhaptiyahi P.S. Case

          No. 213 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. In case of default in such appearance on two
             Patna High Court CR. MISC. No.89945 of 2025(2) dt.19-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.

                                    (III) If the petitioner is found involved in similar

                       nature of offence in future, the Trial Court will have the liberty

                       to cancel the bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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