Created by Fuzzy Cloud

Patna High Court

Abhishek Kumar Sah @ Ravindra Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.