Patna High Court
Akhilesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Akhilesh Kumar, was arrested in connection with the alleged recovery of 865.59 litres of liquor from a pickup vehicle and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not the owner of the vehicle, was not arrested at the spot, and was implicated by a local person without proper investigation, and he had been in custody since 17 March 2026. The petitioner, represented by Ms. Sripriya Sinha, sought bail, arguing he would not abscond and would cooperate with the trial. The State, represented by Mr. Arun Kumar, opposed the bail. The court, after considering the submissions, ordered the release of the petitioner on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, directing compliance with the trial court’s conditions.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act in view of the alleged liquor seizure and the petitioner’s antecedent cases
Subjects
- bail
- excise
- prohibition
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- surety
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27966 of 2026
Arising Out of PS. Case No.-97 Year-2023 Thana- NADI P.S. District- Patna
======================================================
Akhilesh Kumar son of Bal Kishun Ray Resident of Village- Jethuli, Ps- nadi,
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Sripriya Sinha
For the Opposite Party/s : Mr. Arun Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of three cases out of which two cases
are under the Excise Act and allegation is of recovery of 865.59
litres of liquor from a pick up vehicle. It is next submitted that
petitioner was not arrested from the spot as such nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of local person. It is also submitted that once an accused is
implicated in a case relating to excise, the police starts
Patna High Court CR. MISC. No.27966 of 2026(2) dt.24-04-2026
2/2
implicating mechanically either through chowkidar, local
person, confessional statement or secret information without
holding a proper investigation. It is next submitted that
petitioner is in custody since 17.03.2026 and if privilege of bail
is granted to the petitioner, the petitioner will not abscond rather
will cooperate in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) with two sureties of the like
amount each to the satisfaction of the learned trial court where
the case is pending/successor court in connection with Nadi P.S.
Case No.97/2023.
(Satyavrat Verma, J)
amit/-
U T
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