Patna High Court
Akhilesh Bind @ ShaktiversusThe 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, Akhilesh Bind, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 70.600 litres of liquor were recovered from a plastic sack. He contended that he was falsely implicated, that the sack did not belong to him, and that no incriminating material was found in his possession; he also highlighted non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. Considering the lack of direct evidence, the petitioner’s long custody since 10‑01‑2026, and the statutory non‑compliance, the Court inclined to grant bail. The Court ordered his release on bail upon furnishing a 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 given the circumstances of the case.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.
Legislation cited
Subjects
- bail
- prohibition
- excise
- suspicion
- custody
- Section 30(a)
- Section 103
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14751 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- BYPASS District- Patna
======================================================
Akhilesh Bind @ Shakti S/O Late Bila Bind @ Billa Bind @ Ashok Bind R/O
- Bahari Begampur, Sati Chaura, P.S- Bypass, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mithilesh Kr. Arya, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, 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. 10 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 70.600 liters
liquor was recovered from plastic sack.
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. Learned counsel
for the petitioner also submitted that the petitioner has been
Patna High Court CR. MISC. No.14751 of 2026(2) dt.27-02-2026
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arrested only on the basis of suspicion. It is next submitted that
the plastic sack does not belong to the petitioner. The petitioner
is in custody since 10.01.2026 and has got one criminal
antecedent in which he is on bail. 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 Bypass P.S. Case
No. 10 of 2026.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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