Patna High Court
Abhishek Raj SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the bail application, granting regular bail subject to specified conditions.
Summary
The petitioner, Abhishek Raj Singh, was arrested in connection with the recovery of 100 litres of illicit liquor and charged under several provisions of the Bharatiya Nyaya Sanhita, 2023 and the Bihar Prohibition and Excise Act. He claimed innocence, a clean antecedent, and offered to donate Rs.20,000 to a charitable organization without admitting guilt. The State opposed his bail application. The Court, after considering the seriousness of the offences, the period of custody, and the petitioner's submissions, granted regular bail subject to a cash deposit, surety bonds, monthly police station attendance, and verification of antecedents. The order expressly limited its observations to the bail application and clarified that they would not affect the trial. The petitioner was directed to comply with the stipulated conditions for his release.
Issues considered
- Whether bail should be granted in a case involving offences under Sections 317(5), 318(4), 338, 336(3), 340(2), 3(5), 61(2) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court are appropriate and sufficient to ensure the petitioner's attendance and prevent misuse of liberty.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(5), 318(4), 336(3), 338, 340(2), 3(5), 61(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- criminal procedure
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- conditions of bail
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15518 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- CHAPRA TOWN District- Saran
======================================================
Abhishek Raj Singh S/O Bharat Prasad Resident of-Sahebganj, Arya Samaj
Path, P.S.-Chapra Town, District-Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh
For the Opposite Party/s : Mr. Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 13-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Chapra Town P.S. Case No. 45
of 2026, registered for offences punishable under Sections
317(5), 318(4), 338, 336(3), 340(2), 3(5) and 61(2) of the
Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, 100 liters of illicit
liquor have been recovered from the possession of the petitioner.
The petitioner is in custody since 17.01.2026 and claims clean
antecedent.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence; rather,
Patna High Court CR. MISC. No.15518 of 2026(4) dt.13-05-2026
2/3
he has been falsely implicated in the present case. It is further
submitted that the petitioner undertakes to donate a sum of Rs.
20,000/- (Rupees Twenty Thousand only) to a charitable
organization, without prejudice to his defence and without
admitting guilt.
5. Learned APP for the State has opposed the prayer
for bail.
6. Having considered the facts and circumstances of
the case, the period of custody, and the submissions advanced
on behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Chapra Town P.S.
Case No. 45 of 2026, subject to the following conditions:
(I). The petitioner shall deposit a sum of
Rs. 20,000/- (Rupees Twenty Thousand only) with
Ramakrishna Mission Ashrama, Latu Maharaj
Path, opposite Circuit House, Chapra, Bihar, and
shall produce a valid receipt thereof before the
court below. The bail bonds shall be accepted only
after verification of the genuineness of the said
receipt.
Patna High Court CR. MISC. No.15518 of 2026(4) dt.13-05-2026
3/3
(ii). The petitioner shall mark his
attendance at Chapra Town Police Station on every
1st Sunday of each month. In the event of default,
the bail bonds shall be liable to be cancelled.
(iii). At the time of acceptance of bail
bonds, the court below shall verify the antecedents
of the petitioner. The bail bonds shall be accepted
only upon confirmation that the petitioner has no
criminal antecedent. However, such verification
shall not be used as a ground to unnecessarily
delay acceptance of the bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.