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Patna High Court

Abhishek Kumar @ Abhishek Kumar HinduversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified monetary and compliance conditions.

Summary

The petitioner, Abhishek Kumar, was arrested in connection with the seizure of 180 litres of illicit Nepali Saufi liquor under Section 30(a) of the Bihar Prohibition & Excise Act. He applied for regular bail, claiming innocence, stating he has only one prior criminal antecedent and has been in custody since 2 March 2026. The State opposed the bail. The High Court, after considering the facts and submissions, allowed the bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, verify his single antecedent, deposit Rs.25,000 with Ramakrishna Mission Ashrama and produce the receipt, and attend the police station on a Sunday each month. Failure to comply with these conditions would result in cancellation of bail. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition & Excise Act considering his criminal antecedent and the nature of the offence.

Legislation cited

Subjects

  • bail
  • prohibition
  • excise
  • illicit liquor
  • criminal antecedent
  • regular bail
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23673 of 2026
                       Arising Out of PS. Case No.-35 Year-2026 Thana- PARIHAR District- Sitamarhi
                 ======================================================
                 Abhishek Kumar @ Abhishek Kumar Hindu S/o Feku Patel @ Feku Ray
                 Resident of village - Khuddibakhari, P.S - Bela, District - Sitamarhi

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Parihar P.S. Case No. 35 of 2026 registered for the offence

                   under section 30(a) of the Bihar Prohibition & Excise Act.

                                3. The recovery is of 180 litres of illicit Nepali Saufi

                   from the petitioner.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has one criminal antecedent. He

                   further submits that the petitioner is in custody since 02.03.2026

                   without any fault.

                                5. Learned counsel for the petitioner also 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.23673 of 2026(2) dt.15-04-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Excise Judge I,

          Sitamarhi / concerned Court below, in connection with Parihar

          P.S. Case No. 35 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has only one criminal antecedent. The bail

          bonds of the petitioner shall only be accepted if it is found that

          he has only one criminal antecedent.

                       10. This is also subject to the condition that the

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

          Ramakrishna Mission Ashrama,                    Bela, Muzaffarpur       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.
              Patna High Court CR. MISC. No.23673 of 2026(2) dt.15-04-2026
                                                          3/3




                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at Bela

                        Police Station, District- Sitamarhi on any one Sunday of the

                        month. Any default in appearance at the Police Station will

                        result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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