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Ajit Kumar v. The State of Bihar

Bail – Bihar Prohibition and Excise Act, 2018, Section 30(a)

Patna HC17 Mar 2026CR. MISC./16897/2026

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Case brief

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What is this about?

Patna High Court; Criminal Miscellaneous No.16897 of 2026; bail; Section 30(a) Bihar Prohibition and Excise Act 2018; 100 liters illicit liquor; scooty owner; Sections 103 and 105 BNSS non-compliance; clean antecedent; Special Excise Judge Danapur; Rupaspur P.S. Case No. 45 of 2026; Justice Rajesh Kumar Verma; order dated 17-03-2026; bail bond Rs. 10,000 with two sureties.

What did the court decide?

Release on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, subject to conditions ¶¶20

Ajit Kumar Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 17.02.2026 in connection with Special Excise P.S. Case No. 147 of 2026 (arising out of Rupaspur P.S. Case No. 45 of 2026, F.I.R. dated 20.01.2026) for offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, is entitled to bail.

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Court's answer

Bail granted on consideration that the petitioner has clean antecedent, that he was made accused merely on the ground that he is the owner of the scooty in question, and that there is non-compliance of Sections 103 and 105 of BNSS.

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Ratio / Principle

Petitioner directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur in connection with Rupaspur P.S. Case No. 45 of 2026.

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Key takeaways

Bail made subject to conditions: co-operation in trial with physical presence as directed (bail bond cancellable on absence on two consecutive dates without sufficient reason); no tampering with evidence or witnesses; and the court below to verify the criminal antecedent of the petitioner, taking steps for cancellation of the bail bond if antecedents were concealed, while acceptance of bail bonds shall not be delayed for purpose of or in the name of verification.ratio¶¶25

Detailed headnote1 paragraphs

Bail — Bihar Prohibition and Excise Act, 2018, Section 30(a) — recovery of 100 liters of illicit liquor in Special Excise P.S. Case No. 147 of 2026 (Rupaspur P.S. Case No. 45 of 2026, F.I.R. dated 20.01.2026) — petitioner in custody since 17.02.2026 — petitioner implicated merely as owner of the scooty in question, counsel contending recovery was made from the scooty given to co-accused Raja Kumar — petitioner of clean antecedent — non-compliance of Sections 103 and 105 of BNSS alleged — bail granted on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur, subject to conditions of co-operation in the trial, no tampering with evidence or witnesses, and verification of criminal antecedents by the court below; acceptance of bail bonds not to be delayed for purpose of or in the name of verification.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.16897 of 2026

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Arising Out of PS. Case No.-45 Year-2026 Thana- RUPASPUR District- Patna

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======================================================

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Ajit Kumar S/o Jalendra Prasad @ Jalendra Prasad Chandrabanshi R/o Village - Neyamat Chak, P.S.- Gaurichak, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Prem Kumar, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

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2 17-03-2026

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Heard Mr. Prem Kumar, learned counsel for the

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petitioner and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State.

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Petitioner seeks bail who is in custody since 17.02.2026 in connection with Special Excise P.S. Case No. 147 of 2026 arising out of Rupaspur P.S. Case No. 45 of 2026, F.I.R. dated 20.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.

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Recovery is of 100 liters of illicit liquor.

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Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that it appears from the F.I.R. as well as seizure list that nothing has been recovered from the conscious possession of the petitioner rather

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Patna High Court CR. MISC. No.16897 of 2026(2) dt.17-03-2026 2/3

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the recovery has been made from scooty in question and the petitioner has been made accused merely on the ground that he is the owner of the scooty in question. Infact the petitioner has given the scooty to co-accused, namely, Raja Kumar and he was apprehended along with the illicit liquor. He next submits that the petitioner has no concern at all with the alleged recovery of the liquor or the scooty. He further submits that there is noncompliance of Section 103 and 105 of BNSS and the petitioner is in custody since 17.02.2026.

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The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

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Considering the aforesaid facts and circumstances, petitioner has clean antecedent and he has been made accused merely on the ground that he is the owner of the scooty in question and there is non-compliance of Section 103 and 105 of BNSS, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Special Excise Judge, Danapur in connection with Rupaspur P.S. Case No. 45 of 2026, subject to the following conditions:-

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i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court

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Patna High Court CR. MISC. No.16897 of 2026(2) dt.17-03-2026 3/3

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and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

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ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

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iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

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(Rajesh Kumar Verma, J)

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Suruchi/-

Ajit Kumar v. The State of Bihar

Case brief

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Ajit Kumar v. The State of Bihar

Case brief

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