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Patna High Court

Akhilesh Bind @ ShaktiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                                         2/2




                       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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