Patna High Court
Abodh Kumar @ Abodh Kumar SahniversusThe 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 of Rs.10,000 and the stipulated conditions.
Summary
Abodh Kumar was arrested on 14 January 2026 in connection with a case involving the seizure of 57.75 litres of illegal English liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that the liquor was recovered from the field of co‑accused persons and that no conscious possession could be established, also alleging non‑compliance with Section 103 of the BNSS, 2023. The State opposed bail, noting a separate pending case against the petitioner. The court examined the lack of direct possession, the alleged procedural lapse, and the petitioner’s criminal antecedent, and decided to grant bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s criminal antecedent without delaying the release.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the absence of conscious possession and non‑compliance with Section 103 of BNSS, 2023 justify granting bail.
- Whether the existence of another pending case against the petitioner precludes bail.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- false FIR
- co-accused
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15014 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- RUNISAIDPUR District- Sitamarhi
======================================================
Abodh Kumar @ Abodh Kumar Sahni S/o- Shekhar Sahni R/v- Runni
Saidpur Ghat Ps- Runnisaidpur Dist- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Aryan Singh, Advocate
For the Opposite Party/s : Mr.Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 10-03-2026 Heard Mr.Aryan Singh, learned counsel for the
petitioner and Mr.Damodar Prasad Tiwary, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
14.01.2026 in connection with Runnisaidpur P.S. Case No. 16
of 2026, F.I.R. dated 13.01.2026 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Act.
3. Recovery is of 57.75 liters of illegal English liquor.
4. Learned counsel appearing for the petitioner
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. Further submits that it appears from the FIR
as well as the seizure list that altogether 57.75 liters of illegal
Patna High Court CR. MISC. No.15014 of 2026(2) dt.10-03-2026
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English liquor was recovered from the field of co-accused
persons, namely, Munchun and Awadhesh Mandal and the
petitioner has been made accused in the present case merely on
the basis that he has associated with other co-accused persons. It
appears from the FIR itself that nothing has been recovered
from conscious possession of the petitioner rather the recovery
has been made from the open field of co-accused persons and
there is non-compliance of Section 103 of BNSS, 2023 and the
petitioner is in custody since 14.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one, as mentioned in para-
3 of the bail petition.
6. Considering the aforesaid fact and recovery has
been made from the field of co-accused persons, 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 Excise
Court-I, Sitamarhi in connection with Runnisaidpur P.S. Case
No. 16 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
Patna High Court CR. MISC. No.15014 of 2026(2) dt.10-03-2026
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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.
(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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