Patna High Court
Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
- Bihar Narcotic Substances Act, 2023 — s. 103
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
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