Patna High Court
Abhishek Kumar Sah @ Ravindra Kumar SahversusThe 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 Sah, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 152.580 litres of liquor in a bus. He claimed he was merely a passenger and had no knowledge of the liquor, asserting that no incriminating material was found on his person and that he had no prior criminal record. The State opposed bail, but the court noted the lack of direct evidence, the petitioner’s innocence claim, and the prolonged custody since 26‑10‑2025. The court also observed non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which further supported the bail application. Consequently, the court granted bail on the condition of a Rs.15,000 bond with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
- Whether the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, have been complied with
Legislation cited
Subjects
- bail
- excise
- liquor seizure
- Section 30(a)
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
- custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1308 of 2026
Arising Out of PS. Case No.-1064 Year-2025 Thana- Excise P.S. District- Purnia
======================================================
Abhishek Kumar Sah @ Ravindra Kumar Sah S/O Naresh Kumar Sah @
Naresh Sah R/O Vill.- Bishunpura, Ward no. 6, P.S.- Jalalpur, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarveshwar Tiwary, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Purnea
Excise P.S. Case No. 1064 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 152.580
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. The petitioner
was passenger of the said bus and he has no knowledge about
Patna High Court CR. MISC. No.1308 of 2026(2) dt.19-01-2026
2/2
goods loaded on the said bus. The petitioner is in custody since
26.10.2025 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 Purnea Excise P.S.
Case No. 1064 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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