Created by Fuzzy Cloud

Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Abhimanyu Kumar, was arrested on 28‑11‑2025 after 32 litres of country‑made liquor was recovered from a pit in Nawada. He sought bail, claiming innocence, no possession of the liquor, and that the recovery was from an open area where he was merely a passer‑by. The prosecution opposed bail, alleging offences under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act. The court noted the petitioner’s clean record, lack of incriminating material in his possession, and the absence of compliance with Section 103 of the BNSS, 2023. Considering these factors and the period of custody, the court granted bail on a bond of Rs 15,000 with two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 30(c) of the Bihar Prohibition and Excise Act.
  • Whether the lack of possession of the seized liquor and the petitioner’s clean antecedents justify bail.
  • Whether non‑compliance with Section 103 of the BNSS, 2023 affects the bail application.

Legislation cited

Subjects

  • bail
  • excise
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 30(c)
  • BNSS 2023
  • Section 103
  • criminal procedure
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.1776 of 2026
                      Arising Out of PS. Case No.-976 Year-2025 Thana- Excise P.S. District- Nawada
                 ======================================================
                 Abhimanyu Kumar S/o- Paras Rajbanshi R/v- Jobkala Ps- Rajauli Dist-
                 Nawada

                                                                                     ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Bipin Kumar, Adv.
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   19-01-2026             Heard learned counsel for the petitioner and learned APP

                   for the State.

                           2. The petitioner seeks bail in connection with Excise

                   Thana PS Case No. 976 of 2025 instituted for the offences under

                   Sections 30(a) & 30(c) of the Bihar Prohibition and Excise Act.

                           3. The prosecution case, in short, is that 32 liters of

                   country made liquor was recovered from the pits and the

                   petitioner was arrested on the spot.

                           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. Learned counsel
           Patna High Court CR. MISC. No.1776 of 2026(2) dt.19-01-2026
                                                       2/2




                     for the petitioner submits that the recovery has been made from

                     an open place which is accessible to one and all and petitioner

                     was only the passerby of the way and has become victim of the

                     circumstances. The petitioner is in custody since 28.11.2025 and

                     has got clean criminal antecedent. 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 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 Excise Thana PS Case No. 976 of

                     2025.



                                           (Rudra Prakash Mishra, J)
Siddharth Soni/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.