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Patna High Court

Abhishek Kumar @ RaushanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is granted to the petitioner subject to the stipulated conditions.

Summary

Abhishek Kumar was arrested on 10 January 2026 in connection with the recovery of 876 litres of illicit liquor seized from the house of co‑accused Amit Thakur. He was charged under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 (as amended in 2022). The petitioner argued that he had a clean antecedent and that no liquor was found in his conscious possession, only at the co‑accused’s premises, and that his inclusion as an accused was solely because he was present at the house. The State opposed bail. The Court noted the non‑compliance of Section 103 of the Bihar Narcotic Substances (Suppression) Act, 2023, but considered the petitioner’s clean record and lack of direct possession, and consequently granted bail on a bond of Rs.10,000 with two sureties, subject to conditions regarding trial cooperation, non‑tampering with evidence or witnesses, and verification of antecedents.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 in view of the facts of the case.
  • Whether the non‑compliance of Section 103 of the BNSS, 2023 precludes the grant of bail.
  • Whether mere presence at the co‑accused’s house is sufficient to justify continued detention.

Subjects

  • bail
  • excise law
  • illicit liquor
  • Section 30
  • Section 103
  • clean antecedent
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21013 of 2026
                      Arising Out of PS. Case No.-20 Year-2026 Thana- Excise P.S. District- Darbhanga
                 ======================================================
                 Abhishek Kumar @ Raushan S/O Sunil Prasad Sah R/O Mohalla - Madarpur
                 Darbhanga P.S.- Laheriasarai Dist.- Darbhanga

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :         Mr. Uma Shankar Singh, Advocate
                 For the State            :         Ms. Meena Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   30-03-2026                    Heard Mr. Uma Shankar Singh, learned counsel for

                   the petitioner and Ms. Meena Singh, learned APP for the State.

                                2. Petitioner seeks bail, who is in custody since

                   10.01.2026, in connection with Darbhanga Excise Sadar P.S.

                   Case No. 20 of 2026, F.I.R. dated 09.01.2026 registered for the

                   offences punishable under Sections 30(a) of the Bihar

                   Prohibition & Excise Act, 2016 and Amendment Act, 2022.

                                3. Recovery is of 876 litres of illicit liquor.

                                4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   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 recovery has been made from the house of co-accused
Patna High Court CR. MISC. No.21013 of 2026(2) dt.30-03-2026
                                            2/3




          person, namely, Amit Thakur and the petitioner has been made

          accused merely on the ground that the petitioner was present at

          the house of co-accused person and there is non-compliance of

          Sections 103 of BNSS, 2023 and the petitioner is in custody

          since 10.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that the petitioner having clean antecedent and

          nothing has been recovered from the conscious possession of

          the petitioner rather recovery has been made from the house of

          co-accused person, namely, Amit Thakur and there is non-

          compliance of Section 103 of the BNSS, 2023, let the petitioner,

          above named, be released on bail on furnishing bail bond of Rs.

          10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Special Judge Excise

          Act-I, Darbhanga in connection with Darbhanga Excise Sadar

          P.S. Case No. 20 of 2026, subject to the following conditions :-

                        (1) 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
               Patna High Court CR. MISC. No.21013 of 2026(2) dt.30-03-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) 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 antecedents, 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)
Ibrar//-

U          T


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