Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a case alleging possession of 375 litres of liquor recovered from a Scorpio vehicle, violating Sections 30(a), 32(1), 32(2) and 41 of the Bihar Prohibition and Excise Act. The petitioner claimed he was falsely implicated, had no incriminating article in his possession, no criminal antecedent, and that the required compliance under Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 was lacking. The State opposed bail, but the court considered the lack of direct evidence against the petitioner and the period of custody already served. Weighing these factors, the court decided to grant bail. The petitioner was ordered to be released on furnishing a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner in a case under the Bihar Prohibition and Excise Act.
- Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023 have been complied with in the petitioner’s detention.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Bharatiya Nagarika Suraksha Sanhita
- criminal procedure
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11365 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Abhishek Kumar S/o Niranjan Kumar @ Niranjan Das R/o Village - Deoghar,
Gandhi Nagar, P.S - Deoghar, District - Deoghar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Akash Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
3 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with S.
Kamal P.S. Case No. 26 of 2026 instituted for the offences
punishable under Sections 30(a), 32(1), 32(2), 41 of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that total 375 litres
of liquor was recovered from Scorpio.
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. Learned counsel further submitted
that petitioner is in no manner connected with the vehicle in
Patna High Court CR. MISC. No.11365 of 2026(3) dt.24-02-2026
2/2
question or the alleged recovery of liquor. The petitioner is in
custody since 31.01.2026 and has no 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 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 S. Kamal P.S. Case
No. 26 of 2026.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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