Patna High Court
Abhishek Kumar @ Abhishek Kumar HinduversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bihar Prohibition & Excise Act — s. 30(a)
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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