Patna High Court

Avinash Kumar Singh @ Abhinash Singh (Abhinash)versusThe State of Bihar

Decided: 19 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

Avinash Kumar Singh was arrested after 3010.41 litres of liquor were recovered from his joint house in Ramgarh, Kaimur, and was charged under Sections 30(a), 38 and 41(1) of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated, that no liquor was found in his personal possession, and that the prosecution had not complied with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody and the statutory framework, the court inclined to grant bail, directing the petitioner to furnish a bail bond of Rs.15,000 with two sureties and to comply with conditions of appearance, non‑tampering with evidence or witnesses, and surety requirements. The bail may be cancelled if any condition is violated.

Issues considered

Whether bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
Whether non‑compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, precludes bail.
Whether the petitioner’s alleged involvement justifies denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita
criminal procedure
section 103
liquor seizure
court order

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10109 of 2026
                 Arising Out of PS. Case No.-396 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
                 Avinash Kumar Singh @ Abhinash Singh (Abhinash) S/o Late Manoj Singh
                 Resident of Village- Masathi, P.S.- Ramgarh, District- Kaimur at Bhabua

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :      Mr. Mohammed Arif, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with

                   Ramgarh P.S. Case No. 396 of 2025 instituted for the offences

                   punishable under Sections 30(a), 38, 41(1) of the Bihar

                   Prohibition and Excise Act.

                               3. The prosecution case, in short, is that total 3010.41

                   litres of liquor has been recovered from the house of the

                   petitioner.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No

                   incriminating article has been recovered from the conscious

                   possession of the petitioner rather the recovery has been made
Patna High Court CR. MISC. No.10109 of 2026(2) dt.19-02-2026
                                             2/3




          from the joint house of the petitioner where other family

          members of the petitioner also reside. The petitioner has got no

          concern with the alleged recovery of liquor. The petitioner is in

          custody since 22.12.2025 and has one criminal antecedent.

          There is no compliance of Section 103 of the Bharatiya

          Nagarika 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 as also 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, after framing

          of charge, if not already framed, 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 Ramgarh P.S. Case

          No. 396 of 2025, subject to the following conditions:

                        (I) One of the bailors shall be the petitioner’s own or a

          close family 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.
           Patna High Court CR. MISC. No.10109 of 2026(2) dt.19-02-2026
                                                       3/3




                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or 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)
Alok Verma/-

U      T

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