Patna High Court

Abhishek Kumar @ VidhayakversusThe State of Bihar

Decided: 5 February 2026
Disposal: ALLOWED
Bench: ASHOK KUMAR PANDEY

Holding

The Court granted bail to the petitioner with a bond and conditions.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with a seizure of 130 litres of country-made liquor alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no possession of the liquor and that the seizure was not carried out in accordance with Section 105 of the BNSS, asserting that he was falsely implicated. The petitioner had been in judicial custody since 21 May 2025, while the State opposed bail, citing a prior similar offence. After hearing both sides, the Court considered the lack of direct possession, procedural lapses in the seizure, and the petitioner’s right to liberty. The Court granted bail on a bond of Rs 10,000 with two sureties, imposing the condition that the petitioner not repeat the offence.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the seizure complied with the procedural requirements of Section 105 of the BNSS.
Whether the petitioner’s prior criminal antecedent justifies denial of bail.

Legislation cited

BNSS — s. 105

Subjects

bail
prohibition law
excise
seizure
Section 105
criminal antecedent
judicial custody
Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1559 of 2026
                  Arising Out of PS. Case No.-205 Year-2025 Thana- BHAGWANPUR HAT District- Siwan
                 ======================================================
                 Abhishek Kumar @ Vidhayak S/o Ravindra Ray Resident of Village -
                 Maghar, P.S. - Bhagwanpur Hat, District - Siwan
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Bijay Prakash Singh, Advocate
                 For the Informant        :      Mr. Mr. Rupesh Kumar, Advocate
                                                 Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
                                       ORAL ORDER
2   05-02-2026                   Heard Mr. Bijay Prakash Singh, learned counsel for the

                   petitioner; Mr. Rupesh Kumar, learned counsel for the informant

                   and Mr. Sanjay Kumar, learned APP for the State.

                                 2. The petitioner has prayed for bail in connection with

                   Bhagwanpur Hat P.S. Case No. 205 of 2025 registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                 3. The case of the prosecution in short is that from two

                   persons on a bike, altogether 130 liters of country-made liquor

                   was recovered.

                                 4. Learned counsel appearing on behalf of the petitioner

                   has submitted that petitioner is innocent and has committed no

                   offence. He has been falsely implicated in this case. Learned

                   counsel for the petitioner submits that nothing has been recovered

                   from the possession of this petitioner. The witnesses of the seizure
           Patna High Court CR. MISC. No.1559 of 2026(2) dt.05-02-2026
                                                       2/2




                     list are police personnel. Police has not complied with Section 105

                     of the BNSS while making the seizure. He further submits that the

                     petitioner is languishing in judicial custody since 21.05.2025.

                                  5. The application for bail is vehemently opposed by

                     the learned counsel for the informant and the learned APP for the

                     State and submits that the petitioner is having criminal antecedent

                     of one case of similar nature.

                                  6. Having heard learned counsel for the parties and

                     considering the facts and circumstances of the case, this Court is

                     inclined to enlarge the petitioner on bail with the condition that

                     the petitioner shall not repeat same kind of offences in future.

                     The above named petitioner is directed to be enlarged on bail on

                     furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with

                     two sureties of the like amount each to the satisfaction of the

                     learned Exclusive Special Excise Court-I, Siwan in connection

                     with Bhagwanpur Hat P.S. Case No. 205 of 2025.



                                                    (Ashok Kumar Pandey, J)
Sudhanshu/-

U      T

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