Patna High Court

Abhinandan Kumar @ AbhinandanversusThe State of Bihar

Decided: 13 March 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioners, finding insufficient grounds to justify continued detention.

Summary

The petitioners, Abhinandan Kumar and Sanoj Yadav, were arrested on 6 January 2026 after 369 litres of Nepali liquor was recovered from a Scorpio vehicle, and they were charged under Section 30(a) of the Bihar Prohibition and Excise Act. They contended that they were neither the owners nor the drivers of the vehicle, that no incriminating material was found on them, and that they had no prior criminal record. Their counsel also argued that the prosecution had not complied with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application. Considering the lack of direct evidence, the petitioners’ clean record, and the procedural lapse, the Court granted bail, directing each petitioner to furnish a bail bond of Rs 15,000 with two sureties of the same amount.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the absence of ownership or driver status of the accused negates possession for bail purposes.
Whether non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
Bharatiya Nagarik Suraksha Sanhita
Section 103
possession
excise
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16379 of 2026
                       Arising Out of PS. Case No.-6 Year-2026 Thana- BHAPTIAHI District- Supaul
                 ======================================================
           1.     Abhinandan Kumar @ Abhinandan Son of Ramchndra Ram @ Ramchandra
                  Ram Resident of Village - Manikchand Chakala, Ward No. 03, Police
                  Station - Raghopur, District - Supaul.
           2.    Sanoj Yadav Son of Late Sarakan Yadav @ Late Sarkan Yadav Resident of
                 Village - Manikchand Chakala, Ward No. 03, Police Station - Raghopur,
                 District - Supaul.

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun . Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   13-03-2026                  Heard learned counsel for the petitioners and learned

                   APP for the State.

                                2. The petitioners seek bail in connection with

                   Bhaptai Sarai (Bhaptiyahi) P.S. Case No. 06 of 2026 (S.T.

                   Excise No. 29 of 2026) instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that total 369

                   liters of Nepali liquor was recovered from Scorpio vehicle.

                   Petitioners were arrested on the spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
           Patna High Court CR. MISC. No.16379 of 2026(2) dt.13-03-2026
                                                       2/2




                     the conscious possession of the petitioners. The petitioners have

                     got no concern with the alleged recovery of liquor. Learned

                     counsel further submitted that the petitioners were neither owner

                     nor driver of the vehicle and they have no concern and

                     knowledge regarding nature of goods loaded on the vehicle.

                     The petitioners are in custody since 06.01.2026 and have got no

                     criminal antecedent. There is no compliance of Section 103 of

                     the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioners.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioners, this Court is inclined to grant bail to the petitioners.

                                  7. Let the petitioners be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

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

                     below/concerned Court in connection with Bhaptai Sarai

                     (Bhaptiyahi) P.S. Case No. 06 of 2026 (S.T. Excise No. 29 of

                     2026).


                                           (Rudra Prakash Mishra, J)

manish/-
U      T

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