Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no incriminating material and noting his clean record and prolonged custody.
Summary
The petitioner, Abhishek Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 47 litres of spirit were recovered from his house and the premises behind it. He claimed innocence, arguing that no liquor was found in his conscious possession and that the recovery was from a joint family house where other members reside. The petitioner also highlighted his lack of prior criminal record and the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed the bail application, contending the seriousness of the offence. Considering the lack of incriminating material, the petitioner’s clean record, and the lengthy custody since 16‑10‑2025, the Court inclined to grant bail. Accordingly, the Court ordered his release on bail upon furnishing a bond of Rs.15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the bail application
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Bihar
- custody
- no prior record
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2173 of 2026
Arising Out of PS. Case No.-671 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
Abhishek Kumar Son of Saltan Das R/o Village - Rulahi Ward no. 05, P.S. -
Muffasil, Dist. - East Champaran, Motihari.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhandev Kumar, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Muffasil P.S. Case No. 671 of 2025, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that total 47 liters
of spirit was recovered, out of which 20 litres of Spirit was
recovered from the house of petitioner and 22 litres of spirit was
recovered behind the house of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
Patna High Court CR. MISC. No.2173 of 2026(2) dt.19-01-2026
2/2
no concern with the alleged recovery of liquor. Learned counsel
for the petitioner further submitted that the recovery has been
made from joint house of the petitioner, where other family
members also reside. The petitioner is in custody since
16.10.2025 and has got no criminal antecedent. There is no
compliance of Section 103 of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
5. Learned APP for the State has vehemently opposed
the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Muffasil P.S. Case
No. 671 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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