Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that the petitioner is entitled to regular bail, subject to a bond and sureties.
Summary
The petitioner, Akhilesh Kumar, was charged under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly recovering 62.25 litres of liquor from Muzaffarpur Railway Station. He was not arrested at the scene and no liquor was found in his immediate possession; the case is based on a parcel booked in his name from which liquor was seized. The petitioner, who has three prior cases, sought regular bail, arguing he would not abscond and would cooperate with the trial. The State opposed the bail application. The Court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court where the case is pending.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the absence of conscious possession and the booking of a parcel in the petitioner's name justify granting bail.
- Whether the petitioner's antecedent cases preclude the grant of bail.
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- regular bail
- prior cases
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19964 of 2026
Arising Out of PS. Case No.-183 Year-2025 Thana- MUZFFARPUR GRP CASE District-
Muzaffarpur
======================================================
Akhilesh Kumar S/o Lalbabu Kumar @ Lalbabu Kunwar R/o Village - Semra
@ Semra Camp P.S.- Baruraj, District- Muzaffarpur at Present Magadh Cargo
Service , C-15 Double quarter Motiya Khan P.S.-Paharganj, New Delhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar @ S.K., Advocate
For the Opposite Party/s : Mr. Madan Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section(a) 30 of the Bihar Prohibition
and Excise (Amendment) Act, 2022.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases and allegation is of
recovery of 62.25 litres of liquor from Muzaffarpur Railway
Station.
4. Learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession. It is further submitted
that petitioner came to be implicated based on the fact that a
parcel was booked in the name of the petitioner from which
Patna High Court CR. MISC. No.19964 of 2026(2) dt.18-04-2026
2/2
liquor was seized. It is next submitted that no prudent person
would book a parcel in his own name for sending an article
which is prohibited. It is also submitted that petitioner is in
custody since 13.02.2026 and if the privilege of regular bail is
granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
5. Learned A.P.P. for the State opposes the prayer for
regular bail of the petitioner.
6. Considering the submissions made by the learned
counsel appearing on behalf of the petitioner, the petitioner,
above-named, is directed to be released on bail on furnishing
bail bonds of Rs.5,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
Trial Court where the case is pending in connection with Rail
Muzaffarpur G.R. P.S. Case No. 183 of 2025.
(Satyavrat Verma, J)
Kundan/-
U T
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