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

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

What the court decided

AI extract

Outcome

Regular bail granted; petitioners directed to be released in connection with Industrial Area P.S. Case No. 32 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

Issue for consideration

Whether the petitioners are entitled to regular bail in Industrial Area P.S. Case No. 32 of 2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

Court's answer

Considering the facts and circumstances, the court enlarged the petitioners on bail, directing their release in connection with Industrial Area P.S. Case No. 32 of 2026 on furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each.

Detailed headnote1 paragraphs

Patna High Court (Justice Ashok Kumar Pandey, oral order dated 08-04-2026) allowed regular bail to two petitioners in Criminal Miscellaneous No.22992 of 2026 arising out of Industrial Area P.S. Case No. 32 of 2026 (Vaishali), registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act, in which altogether 888.66 liters of illicit foreign liquor was alleged to have been recovered from a truck. Learned counsel for the petitioners submitted that they are innocent, nothing was recovered from their possession, they are merely the driver and co-driver of the alleged truck, the seizure-list witnesses were police personnel and Section 105 of BNSS was not followed while preparing the seizure, they have no criminal antecedent, and they were in judicial custody since 15.02.2026. The learned APP opposed the bail prayer. The court enlarged both petitioners on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22992 of 2026

Arising Out of PS. Case No.-32 Year-2026 Thana- INDUSTRIAL AREA District- Vaishali

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

Ashok Kumar S/o- Ram Prakash Yadav Resident Of Village- Chhoti Gularia, Ps- Mau Darwaza, Dist- Farookabad, U.P

Sukhbir S/o- Ram Naresh Resident Of Village- Chhoti Gularia, Ps- Mau Darwaza, Dist- Farookabad, U.P

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Mukesh Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

2 08-04-2026

Heard learned counsel for the petitioners and learned

APP for the State.

The petitioners have prayed for regular bail in a case registered for the offence punishable under section 30(a) of the Bihar Prohibition and Excise Act.

The case of the prosecution is that from a truck, altogether 888.66 liters of illicit foreign liquor was recovered.

Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Learned counsel for the petitioners has submitted that nothing has been recovered from the possession of the petitioners. They have been falsely implicated in this case. They are merely a

Patna High Court CR. MISC. No.22992 of 2026(2) dt.08-04-2026 2/2

driver and a co-driver of the alleged truck. They have no concern with the alleged recovery. The witnesses of the seizure list are police personnel and police has not followed Section 105 of BNSS while preparing seizure. A statement has been made in para-3 of this petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 15.02.2026.

Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be released on bail in connection with Industrial Area P.S. Case No. 32 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No. 1-cum-Additional District and Sessions Judge, Vaishali at Hajipur.

(Ashok Kumar Pandey, J)

shubham/-

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