Patna High Court
Abhishek Kumar SafiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that, in the absence of ownership, incriminating evidence against the petitioner and any prior record, bail must be granted despite the nature of the offences.
Summary
The petitioner, Abhishek Kumar Safi, was arrested as the driver of a Scorpio vehicle from which 756 litres of liquor were seized, alleged to be offences under Sections 274, 275(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, had no ownership of the vehicle, no incriminating article was found in his possession, and he had no prior criminal record. The State opposed bail, arguing the seriousness of the offences. The Court examined the period of custody, the petitioner’s lack of knowledge about the cargo, the absence of material linking him to the contraband, and the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita. Concluding that the circumstances did not justify continued detention, the Court granted bail subject to a cash bond and sureties with conditions for appearance. The bail order was issued on 24‑02‑2026.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 274, 275(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s status as driver without knowledge of the cargo and lack of incriminating material in his possession preclude denial of bail.
Legislation cited
- Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275(5)
Subjects
- bail
- liquor seizure
- driver liability
- false implication
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12671 of 2026
Arising Out of PS. Case No.-89 Year-2025 Thana- Araria Sangram District- Madhubani
======================================================
Abhishek Kumar Safi S/o Sarvan Kumar Safi @ Sharvan Kumar Safi R/o
Village- Gadhiya, PS- Andhramath, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Md. Nazir Ansari, 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 Araria
Sangram P.S. Case No. 89 of 2025, GR No. 756 of 2025
instituted for the offences punishable under Sections 274, 275,
3(5) of the Bharatiya Nyaya Sanhita, 2023 and 30(a) of the
Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 756 litres
of liquor was recovered from Scorpio vehicle.
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
Patna High Court CR. MISC. No.12671 of 2026(2) dt.24-02-2026
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possession of the petitioner. Learned counsel further submitted
that petitioner is not the owner of the vehicle. It is further
submitted that petitioner is the driver of the vehicle in question
but he had no knowledge regarding the goods loaded in the
vehicle. The petitioner is in custody since 08.12.2025 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 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 Araria Sangram P.S.
Case No. 89 of 2025, GR No. 756 of 2025, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial. In case of default in such appearance on two
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Alok Verma/-
U T
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