Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioners subject to monetary and procedural conditions.
Summary
The petitioners, Ajay Kumar and Vikash Kumar, were arrested on 11 January 2026 after 161.670 litres of liquor were recovered from railway tracks in Gaya. They were charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioners contended that they had no possession of the liquor or the bags, that the bags were unattended in a public place, and that no incriminating material linked them to the offence; they also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the absence of direct evidence, the petitioners' clean record (except two prior cases for petitioner‑2), and the period of custody already served, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs.15,000 each, two sureties, and conditions regarding family surety and regular appearance before the trial court.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the lack of incriminating material and non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, justify bail.
- Whether the period of custody already undergone warrants release on bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Bihar
- railway
- possession
- Section 30(a)
- Section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9605 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- GAYA RAIL P.S. District- Gaya
======================================================
1. Ajay Kumar Son of Late Surendra Paswan @ Surendra Prasad Resident of
village- Dulhinganj Lane, Bata More, P.S-. Kotwali, District- Gaya Bihar
2. Vikash Kumar Son of Raju Chaudhary Resident Of Village- Ward no. 2,
Chotki Delha, Ps- Delha, Dist- Gaya,
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prashant Kumar, Advocate
For the Opposite Party/s : Mrs. Sangeeta Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in connection with Rail
Gaya P.S. Case No. 07 of 2026, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 161.670 liters
liquor was recovered from railway track in bags and both the
petitioners were arrested on spot.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
Patna High Court CR. MISC. No.9605 of 2026(2) dt.12-02-2026
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the conscious possession of the petitioners. The petitioners have
got no concern with the alleged recovery of liquor. Learned
counsel for the petitioners also submitted that the petitioners
have got no concern with the alleged bags. It is further
submitted that the alleged recovery has been made from
unattended bags near railway station and the same is an open
place which is easily accessible to the public at large. The
petitioners are in custody since 11.01.2026. Petitioner no. 1 has
got no criminal antecedent and petitioner no. 2 has got two
criminal antecedents in which he is on bail. 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 petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioners be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with
two sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rail Gaya P.S. Case
No. 07 of 2026, subject to the following conditions:
Patna High Court CR. MISC. No.9605 of 2026(2) dt.12-02-2026
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(I) One of the bailors shall be own/close member of
the family of the petitioners.
(II) The petitioners shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioners.
(Rudra Prakash Mishra, J)
Rajorshi/-
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