Patna High Court
Akhilesh Raj @ Abhilesh RajversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Akhilesh Raj, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 96 litres of liquor from Kiul Railway Station. The prosecution alleged that the liquor was seized from the open railway premises, but no liquor or any incriminating material was found in the petitioner's possession. The petitioner asserted his innocence, highlighted the lack of prior criminal record, and argued that the recovery occurred in a public place, making his involvement doubtful. He also contended that the procedural requirement of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, had not been complied with. After considering the facts, the court found no compelling reason to keep the petitioner in custody and ordered his release on bail with a bond of Rs. 15,000 and two sureties of the same amount.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- Section 30(a)
- Section 103
- criminal procedure
- liquor seizure
- public place
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2571 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- KIUL RAIL P.S. District- Lakhisarai
======================================================
Akhilesh Raj @ Abhilesh Raj Son of Shamsher Raj Resident of Village -
Naya Tola, Raghopur, P.S.- Bakhtiyarpur, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeev Kumar, Advocate
For the Opposite Party/s : Mr.Lakshmi Kant Sharma, 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 Kiul
Rail P.S. Case No. 181 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 96 liters
liquor was recovered from railway station.
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 no concern with the alleged recovery of liquor. Learned
counsel for the petitioner further submitted that the recovery has
Patna High Court CR. MISC. No.2571 of 2026(2) dt.19-01-2026
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been made from railway station, which is open place and
accessible to public at large. The petitioner is in custody since
24.11.2025 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 Kiul Rail P.S. Case
No. 181 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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