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