Patna High Court
Abhishek Kumar @ RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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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