Patna High Court

Harsh AbhishekversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that bail must be granted as the petitioner had no incriminating possession, no antecedents, and the statutory grounds for denial were not satisfied.

Summary

The petitioner, Harsh Abhishek, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 756 litres of liquor were recovered from a pickup vehicle. He contended that he was falsely implicated, had no possession of the liquor, was neither the owner nor driver of the vehicle, and had no prior criminal record. The State opposed bail, but the court noted the absence of any incriminating article in the petitioner's possession and the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. Considering these facts and the period of custody, the court decided to grant bail. The bail was conditioned on a bond of Rs. 15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the provisions of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, necessitate denial of bail.

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
false implication
criminal procedure
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14422 of 2026
                         Arising Out of PS. Case No.-29 Year-2026 Thana- BYPASS District- Patna
                 ======================================================
                 Harsh Abhishek S/o Shatrudhan Prasad @ Late Shatrudhan Prasad R/o vill -
                 Panchrukhi, P.S.- Bheldi, Distt.- Saran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjit Kumar Thakur, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Bypass

                   P.S. Case No. 29 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 total 756 litres

                   of liquor was recovered from pickup 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

                   possession of the petitioner. Learned counsel further submitted

                   that petitioner has no concern with the alleged recovery of

                   liquor. Petitioner is neither owner nor driver of the vehicle in
           Patna High Court CR. MISC. No.14422 of 2026(2) dt.27-02-2026
                                                       2/2




                     question. The petitioner is in custody since 25.01.2026 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 Bypass P.S. Case No.

                     29 of 2026, 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

                     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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