Patna High Court
Abhimanyu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
Bail is granted to the petitioner subject to the stipulated conditions and surety requirements.
Summary
The petitioner, Abhimanyu Singh, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 1,926 litres of liquor were recovered from a truck. He contended that he was neither the owner nor the driver of the vehicle, that no incriminating material was found in his possession, and that he was falsely implicated. The State opposed bail, noting the petitioner’s eight prior criminal antecedents and the lack of compliance with Section 103 of the BNSS, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail subject to a cash bond of Rs.15,000 with two sureties and specific conditions regarding appearance, non‑tampering with evidence, and refraining from similar offences. The bail order was made effective after framing of charge, if not already done.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents and non‑compliance with Section 103 of the BNSS, 2023.
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103 BNSS 2023
- criminal antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16303 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Abhimanyu Singh Son of Nand Kishore Singh @ Nand Kumar Singh
Resident of Village- Balua, P.S.- Paharpur, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shakil Ahmad Khan, Advocate
For the Opposite Party/s : Mr. Gauri Shankar Gupta, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 11-03-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with Mehsi
PS Case No. 84 of 2025 instituted for the offences under
Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 1926 liters
liquor was recovered from truck.
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. It is submitted
that petitioner is neither the owner nor the driver of the vehicle
Patna High Court CR. MISC. No.16303 of 2026(2) dt.11-03-2026
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in question and his name has surfaced in this case as being
accused who fled away from the spot. The petitioner is in
custody since 02.01.2026 and has got eight (8) criminal
antecedent/s. There is no compliance of Section 103 of the
BNSS, 2023.
5. Learned A.P.P. 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, after framing
of charge, if not already framed, on furnishing bail bonds of
Rs.15,000/- (Fifteen thousand) with two sureties of the like
amount each to the satisfaction of Court below/concerned Court
in connection with Mehsi PS Case No. 84 of 2025, subject to the
following conditions:
(I) One of the bailors shall be own/close member of
the family of the petitioner.
(II) The petitioner shall appear on each and every date
fixed at the trial and shall not remain absent on two consecutive
dates without sufficient cause.
(III) The petitioner will not tamper with the evidence
Patna High Court CR. MISC. No.16303 of 2026(2) dt.11-03-2026
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or the witnesses during the trial.
(IV) Petitioner shall not commit offence of similar
nature in future.
If any of the above conditions are violated, the Trial
Court shall be at liberty to cancel the bail bonds of the
petitioner.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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