Patna High Court
Abhiranjan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, directing his release upon furnishing the prescribed bond and sureties subject to statutory conditions.
Summary
The petitioner, Abhiranjan Kumar, was arrested in connection with a case alleging offences under Section 317(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition & Excise Act after police recovered 171 litres of illicit Nepali liquor from his motorcycle. The petitioner contended that the liquor was not in his possession, the motorcycle did not belong to him, and he was falsely implicated, emphasizing his clean antecedents and that he had been in custody since 26‑03‑2026. The State opposed bail, arguing the seriousness of the offence. The court, after considering the charge sheet, the nature of the recovery, the petitioner’s clean record, and the period of custody, 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 and additional safeguards. The bail order required the petitioner’s presence at all court dates and stipulated cancellation of bail upon non‑compliance.
Issues considered
- What is the appropriateness of granting bail to the petitioner under Section 480(3) of the Bihar Narcotic Substances Act given the alleged recovery of illicit liquor?
- Does the petitioner’s claim of innocence and lack of incriminating material in his possession justify bail despite the seriousness of the offences under the Bihar Prohibition & Excise Act?
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5), 480(3)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- illicit liquor
- Bihar Prohibition & Excise Act
- Bihar Narcotic Substances Act
- Section 317
- Section 30
- Section 480
- high court
- criminal procedure
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37773 of 2026
Arising Out of PS. Case No.-84 Year-2026 Thana- SONBERSA District- Sitamarhi
======================================================
Abhiranjan Kumar, Son of Sri Manohar Mahto @ Manohar Mahto, Resident
of village -Chiraiya, P.S.- Sahiyara, Dist. -Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Santosh Kumar, Advocate
For the Opposite Party/s : Mr.Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Sonbarsa P.S. Case No. 84 of 2026, registered
for the alleged offences under Section 317(5) of BNS and
Section 30(a) of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the petitioner and other co-
accused were found coming on two motorcycles and they were
carrying bags on their motorcycles. They were signaled to stop
and from the motorcycle of the petitioner, recovery of 171 liters
of illicit Nepali liquor was made. From the motorcycle of co-
accused, who fled away, further recovery of 135 liters of illicit
Nepali liquor was made.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.37773 of 2026(2) dt.17-06-2026
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petitioner is innocent and has been falsely implicated in this
case. Nothing incriminating has been recovered from the
person/possession of the petitioner. The petitioner was
apprehended merely on suspicion. The motorcycle from which
recovery has been shown does not belong to this petitioner. The
petitioner is in custody since 26.03.2026 and is having clean
antecedents. The charge sheet has been submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery and further considering the submission of
charge sheet and period of custody of the petitioner along with
his clean antecedent, 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 Court No.1,
Sitamarhi/court concerned in connection with Sonbarsa P.S.
Case No. 84 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.
Patna High Court CR. MISC. No.37773 of 2026(2) dt.17-06-2026
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(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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