Patna High Court
Abhishek Kumar @ Raja @ Avishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Negotiable Instruments (Bail) (BNSS) — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
- Narcotic Drugs and Psychotropic Substances (NDPS) Act — s. 20(b)(ii)(B), 8
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
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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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