Patna High Court
Abhay Kumar @ Munna KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner subject to specified conditions.
Summary
The petitioner, Abhay Kumar, was arrested on 31 December 2025 in connection with the recovery of 432 litres of liquor from a Bolero vehicle, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating material was found in his possession, asserting his innocence. The prosecution opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s limited custodial period despite a prior criminal antecedent. The court considered the facts, the duration of custody, and the statutory requirements, and decided to grant bail. Bail was ordered on a bond of Rs. 15,000 with two sureties, subject to conditions regarding surety, appearance, and non‑interference with evidence or witnesses.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with.
- Whether the petitioner’s prior criminal antecedent and period of custody justify denial of bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- custody
- antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14691 of 2026
Arising Out of PS. Case No.-465 Year-2025 Thana- KOTWA District- East Champaran
======================================================
Abhay Kumar @ Munna Kumar Son of Baidynath Chaudhary @ Baithnath
Chaudhary R/o Vill. - Mahadiya, P.S. - Sahebganj, Distt. - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suraj Kumar Tiwari, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 27-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Kotwa
P.S. Case No. 465 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 total 432
liters liquor was recovered from Bolero. Petitioner was arrested
on the spot.
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
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner is neither owner nor driver
Patna High Court CR. MISC. No.14691 of 2026(2) dt.27-02-2026
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of the vehicle. The petitioner was found sitting in the alleged
vehicle because he has no knowledge and concern regarding
nature of goods loaded on the vehicle. The petitioner is in
custody since 31.12.2025 and has got one criminal antecedent.
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 Kotwa P.S. Case No.
465 of 2025, subject to the following conditions:
(I) One of the bailors shall be the petitioner’s own or
close member.
(II) The petitioner shall appear on each and every date
fixed during the trial and shall not remain absent on two
consecutive dates without sufficient cause.
(III) The petitioner shall not tamper with the
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prosecution evidence or influence/intimidate any witness during
the course of trial.
In case of violation of any of the aforesaid conditions,
the Trial Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
manish/-
U T
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