Patna High Court
Abhishek Kumar Yadav @ Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court grants bail to the petitioner.
Summary
The petitioner, Abhishek Kumar Yadav, was arrested on 18 January 2026 after 91 litres of liquor were recovered from an open place and he was apprehended on the spot. He sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, claiming innocence, lack of incriminating material in his possession, and that the arrest was based merely on suspicion. The petitioner also argued that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the facts, the period of custody already served, and the absence of a criminal record, the Court inclined to grant bail, directing the petitioner to furnish a bail 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.
- Whether the arrest based on suspicion and lack of incriminating material justifies denial of bail.
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were complied with.
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- suspicion
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal procedure
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12523 of 2026
Arising Out of PS. Case No.-9 Year-2026 Thana- RAGHUNATHPUR District- Siwan
======================================================
Abhishek Kumar Yadav @ Abhishek Yadav Son of Lalbahadur Yadav
Resident of Village- Kausar Bagicha, P.S.- Raghunathpur, District- Siwan,
Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhijeet Abhigyan, Advocate
For the Opposite Party/s : Mr. Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 24-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Raghunathpur P.S. Case No. 09 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 91 liters
liquor was recovered from two plastic sacks in an open place
and the petitioner was arrested on 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
Patna High Court CR. MISC. No.12523 of 2026(2) dt.24-02-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner also submitted that the alleged recovery has
been made from an open place and the same is easily accessible
to the public at large. It is further submitted that the petitioner
has been arrested only on the basis of suspicion. The petitioner
is in custody since 18.01.2026 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 Raghunathpur P.S.
Case No. 09 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
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