Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail should be granted, subject to strict conditions, as the petitioner has a clean antecedent and there is non‑compliance of procedural provisions.
Summary
The petitioner, Abhishek Kumar, was arrested on 11 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for the alleged possession of 72 litres of Nepali liquor seized from a motorcycle that he does not own. He pleaded that he has a clean antecedent, was falsely implicated, and that the seizure was not from his conscious possession. The petitioner also contended that the investigating authorities failed to comply with Sections 103 and 105 of the BNSS, rendering the proceedings defective. The Additional Public Prosecutor opposed bail. Considering the clean antecedent and procedural lapses, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence in court, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 given the facts of the case.
- Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS warrants the grant of bail.
- Whether the seizure of liquor from a motorcycle not owned by the accused affects the charge of possession.
Legislation cited
- BNSS — s. 103, 105
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS
- procedural non‑compliance
- clean antecedent
- seizure of liquor
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21000 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- BASOPATTI District- Madhubani
======================================================
Abhishek Kumar S/o- Pinku Mandal R/v- Sitakunda Hasanpur PS- Muffasil
District- Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 31-03-2026 Heard Mr. Jitendra Kumar Bharti, learned counsel
for the petitioner and Mr. Parmanand Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
11.02.2026 in connection with Basopatti P.S. Case No. 34 of
2026, F.I.R. dated 10.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 72 liters of Nepali country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.21000 of 2026(2) dt.31-03-2026
2/3
the recovery has been made from motorcycle in question and the
petitioner is not the owner of the motorcycle in question. He
further submits that there is non-compliance of Section 103 and
105 of BNSS and the petitioner is in custody since 11.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is non-compliance of
Section 103 and 105 of BNSS, let the petitioner, above named,
be released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Exclusive Special Judge, Madhubani
in connection with Basopatti P.S. Case No. 34 of 2026, subject
to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.21000 of 2026(2) dt.31-03-2026
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
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