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Patna High Court

Abhishek Kumar @ Raja @ Avishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release on a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS.

Summary

The petitioner, a BA (Hons) student, was arrested in connection with a case alleging offences under Sections 8 and 20(b)(ii)(B) of the NDPS Act and Section 30(a) of the Bihar Prohibition & Excise Act, based on a raid that recovered ganja and illicit liquor from his co‑accused father’s shop and house. The petitioner claimed innocence, stating he had no knowledge of the contraband and that nothing incriminating was found on his person, while the prosecution relied on the co‑accused’s statement implicating him. The court considered the petitioner’s clean antecedents, his status as a student, the custody of the co‑accused father, and the duration of his detention. Weighing these factors, the court found no compelling reason to keep him in custody and ordered his release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail was granted with specific compliance requirements, including presence in court and a close relative as one bailor.

Issues considered

  • What is the appropriateness of granting bail to the petitioner accused under the NDPS Act and Bihar Prohibition & Excise Act?
  • Whether the petitioner’s clean antecedents and student status justify bail despite the co‑accused’s testimony?

Legislation cited

Subjects

  • bail
  • NDPS Act
  • drug offence
  • illicit liquor
  • student
  • clean antecedents
  • co‑accused testimony
  • Section 480(3) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30473 of 2026
                         Arising Out of PS. Case No.-67 Year-2026 Thana- KONCH District- Gaya
                 ======================================================
                 Abhishek Kumar @ Raja @ Avishek Kumar, S/o of Niranjan Singh @
                 Niranjan Sharma, R/o Village - Konch Bazar, PS - Konch, District - Gaya.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Shailesh Kumar, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   12-05-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. In the present case, the petitioner seeks bail in

                   connection with Konch P.S. Case No. 67 of 2026 registered for

                   the alleged offences under Section 8, 20 (b) (ii) (B) of the NDPS

                   Act and Section 30(a) of the Bihar Prohibition & Excise Act.

                                3. As per prosecution case, police received secret

                   information about co-accused Niranjan Singh selling ganja and

                   liquor from his cold drink shop. A raid was conducted and

                   recovery of 150 gram of ganja was made from his shop. The

                   apprehended co-accused disclosed that the petitioner had been

                   bringing ganja and they have kept the ganja and illicit liquor in

                   their house. Further raid was conducted in the house of the co-

                   accused and the petitioner and in this manner, recovery of 82.5
Patna High Court CR. MISC. No.30473 of 2026(2) dt.12-05-2026
                                            2/3




          liters of illicit foreign liquor and 7 kg of ganja was made from

          the house of the petitioner.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The petitioner was not apprehended from the spot and

          nothing      incriminating        has     been       recovered   from   the

          person/possession of the petitioner. The petitioner is a student of

          BA (Hons) and has been preparing for competitive examination.

          The petitioner has no knowledge about the ganja and foreign

          liquor kept in the shop and his house by the co-accused father.

          The co-accused father of the petitioner is already in custody.

          The petitioner is in custody since 13.03.2026 and is having

          clean antecedents.

                       5. Learned APP for the State opposes the submission

          made on behalf of the petitioner. The learned APP submits that

          the co-accused father of the petitioner himself named the

          petitioner for being involved in trading the ganja and dealing

          with the illicit liquor.

                       6.Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that the petitioner is said to be a student and his antecedent

          is clean and further considering the fact that his co-accused
           Patna High Court CR. MISC. No.30473 of 2026(2) dt.12-05-2026
                                                       3/3




                     father is already in custody and also considering the period of

                     custody of the petitioner, the petitioner above named is directed

                     to be released on bail on furnishing bail bonds of Rs. 10,000/-

                     (ten thousand) with two sureties of the like amount each to the

                     satisfaction of learned Exclusive Special Excise Judge, Court

                     No.-4, Gaya/court concerned in connection with Konch P.S.

                     Case No. 67 of 2026, subject to the conditions mentioned in

                     Section 480(3) of BNSS and the following conditions:

                                  (i) One of the bailors will be a close relative of

                                  the petitioner.

                                  (ii) The petitioner will remain present on each

                                  and every date fixed by the court below.

                                  (iii) In case of absence on three consecutive

                                  dates or in violation of the terms of the bail, the

                                  bail bond of the petitioner will be liable to be

                                  cancelled by the court concerned.



                                               (Arun Kumar Jha, J)
V.K.Pandey/-

U      T


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