Patna High Court
Abhijeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Abhijeet Kumar, was arrested on 30 January 2026 in connection with a case (Excise P.S. Case No. 46 of 2026) alleging possession of 500.220 litres of liquor on a bus, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s case is based solely on the recovery of the liquor from the bus, with no material found in the petitioner’s personal possession. The petitioner’s counsel argued that he was merely a passenger, had no involvement in the alleged contraband, has no prior criminal record, and was arrested only on suspicion, also highlighting non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, contending the seriousness of the offence. Considering the lack of incriminating evidence against the petitioner, his clean record, and the period of custody already served, the Court was inclined to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- suspicion
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16281 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Abhijeet Kumar S/o Akhilesh Prasad Singh R/o Village - Khaira, P.S - Dhibra,
District - Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bindeshwar Prasad Singh, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Bhabua
Prohibition and Excise P.S. Case No. 46 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 500.220 liters
liquor was recovered from bus.
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
Patna High Court CR. MISC. No.16281 of 2026(2) dt.13-03-2026
2/2
for the petitioner also submits that the petitioner has been
arrested only on the basis of suspicion. It is next submitted that
the petitioner was a passenger of that bus and has got no
concern with the alleged articles recovered from the bus. The
petitioner is in custody since 30.01.2026 and has got no 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 Bhabua Prohibition
and Excise P.S. Case No. 46 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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