Ajit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23489 of 2026 Arising Out of PS. Case No.-119 Year-2026 Thana- Excise P.S. District- Banka ====================================================== Ajit Kumar Son of Anandi Yadav Resident of Village- Lalmatiya, P.S.- Belhar, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Advocate Mr.Om Prakash Singh, Advocate Mr. Kumar Rajdeep, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 16-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for grant of regular bail in connection with a case registered for the offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. The case of the prosecution, in brief, is that a total of 315 litres of illicit foreign liquor was recovered from a Scorpio vehicle.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is contended that the petitioner is neither the driver nor the owner of the said Scorpio and had merely taken a

Patna High Court CR. MISC. No.23489 of 2026(2) dt.16-04-2026 2/2 lift in the vehicle. It is further submitted that nothing has been recovered from the possession of the petitioner. It is also argued that the witnesses to the seizure list are police personnel and the provisions of Section 105 of the BNSS have not been complied with during the seizure. Moreover, the petitioner is languishing in judicial custody since 16.03.2026 and has no criminal antecedent.

5. Learned APP for the State has opposed the prayer for regular bail.

6. Considering the aforesaid facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail.

7. Accordingly, the above-named petitioner is directed to be released on bail in connection with Banka Excise P.S. Case No. 119 of 2026, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned Special Judge, Exclusive Excise Court No. 2 at Banka/concerned Court.

(Ashok Kumar Pandey, J) Jagdish/- U T