Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail was granted subject to monetary, surety, and attendance conditions.

Summary

The petitioner, Abhishek Kumar, was arrested on 6 February 2026 for possession of 65.845 litres of illicit foreign liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He filed a bail petition claiming innocence and offered to donate Rs.25,000 to a charitable organization without admitting guilt. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts and the petitioner's clean antecedent, ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties of equal amount, and conditioned the bail on a Rs.25,000 deposit to the Ramakrishna Mission and monthly police attendance. The Court also directed verification of the petitioner's antecedents before accepting the bail bonds. Consequently, the bail petition was disposed by granting bail with the stipulated conditions.

Issues considered

Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act.

Subjects

bail
prohibition law
excise
illicit liquor
criminal procedure
surety
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20126 of 2026
                     Arising Out of PS. Case No.-15 Year-2026 Thana- Excise Mashrakh District- Saran
                 ======================================================
                 Abhishek Kumar S/O Late Manoj Kumar Jaiswal Resident of Village-
                 Mirzapur, Ward No. 02, Police Station- Marhowrah, District- Saran.

                                                                                     ... ... Petitioner/s

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mrs. Mili Kumari, Advocate
                 For the Opposite Party/s :        Mrs. Indu Kumari Srivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   01-04-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Mashrakh Excise P.S. Case No. 15/2026 dated 05.02.2026 for

                   the offences punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                3. The recovery is of 65.845 litres of illicit foreign

                   liquor from the possession of the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 06.02.2026. The

                   petitioner has no concern with the alleged recovery.

                                5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.20126 of 2026(2) dt.01-04-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the case

          and submissions of learned counsel for the petitioner, let the

          petitioner, above named, be released on hail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned Exclusive

          Special Judge-03, Saran, Chapra in connection with Mashrakh

          Excise P.S. Case No. 15/2026

                        This is also subject to the condition that the petitioner

          shall deposit an amount of Rs. 25,000/- in Ramakrishna Mission

          Ashrama, Latu Maharaj Path, Opp. Circuit House, Chapra,

          Bihar 841 301 and produce the receipt of the same before the

          Court below. The bail bonds of the petitioner shall be accepted

          after verifying the genuineness of the receipt produced by the

          petitioner.

                        As a condition of this order, the petitioner after being

          released on bail is directed to mark his attendance at Marhowrah

          Police Station on first Sunday of each month. Any default in

          appearance at the police station will result in cancellation of bail

          bonds of the petitioner.

                        As the petitioner claims to have clean antecedent, the
             Patna High Court CR. MISC. No.20126 of 2026(2) dt.01-04-2026
                                                         3/3




                       Court below, before accepting the bail bonds of the petitioner is

                       directed to verify the antecedent of the petitioner. If the

                       petitioner is found to be involved in any other case then the bail

                       bonds of the petitioner shall not be accepted.



                                                  (Sandeep Kumar, J)
atul/-

U        T

Continue reading with your account

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.