Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted to the petitioner subject to a bond and specified conditions.
Summary
The petitioner, Abhishek Kumar, was arrested on 7 February 2026 in connection with an FIR alleging possession of 292.5 litres of illicit liquor, offences punishable under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act. He contended that he was neither the owner nor the driver of the vehicle from which the liquor was seized and that no liquor was found in his conscious possession, asserting a clean antecedent. The State opposed bail, arguing the seriousness of the offences and the alleged non‑compliance with Section 103 of the BNSS, 2023. The Court examined the factual matrix, noted the lack of direct possession by the petitioner, and considered the statutory provisions governing bail. Accordingly, the Court granted bail on a bond of Rs 10,000 with two sureties, subject to conditions of cooperation, presence in court, and verification of criminal antecedent.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise (Amendment) Act.
- Whether the non‑ownership and lack of conscious possession of the seized illicit liquor negate the necessity for continued custody.
- Whether the alleged non‑compliance with Section 103 of the BNSS, 2023 affects the grant of bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- illicit liquor
- excise law
- Section 30(a)
- Section 32(3)
- Section 103
- criminal antecedent
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15001 of 2026
Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Abhishek Kumar S/O Ras Bihari Paswan R/O Vill.- Kalaunjar, P.s- Chakmaisi
(Chakmehsi), District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr.Narendra Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 09-03-2026 Heard Mr.Rajeev Ranjan, learned counsel for the
petitioner and Mr.Narendra Kumar Singh, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
07.02.2026 in connection with Madya Nisedh P.S. Case No. 160
of 2026 giving rise to Special Case No.160 of 2026, F.I.R. dated
07.02.2026 registered for the offence punishable under Sections
30(a) and 32(3) of Bihar Prohibition and Excise (Amendment)
Act.
3. Recovery is of 292.500 liters of illicit liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR as well as the seizure list that nothing has been
recovered from conscious possession of the petitioner rather the
Patna High Court CR. MISC. No.15001 of 2026(2) dt.09-03-2026
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recovery has been made from the Pick-Up -Van in question and
altogether 292.500 liters of illicit liquor was recovered from the
vehicle in question. Learned counsel for the petitioner submits
that the petitioner is neither the owner nor the driver of the
vehicle in question and he has no concern at all with the alleged
recovery of illicit liquor or the vehicle in question and there is
non-compliance of Section 103 of BNSS, 2023 and the petitioner
is in custody since 07.02.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise-II, Kishanganj in connection with Madya Nisedh P.S.
Case No. 160 of 2026 giving rise to Special Case No.160 of
2026, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.15001 of 2026(2) dt.09-03-2026
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(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation of
bail bond of the petitioner. However, the acceptance of bail
bonds in terms of the above-mentioned order shall not be
delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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