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Patna High Court

Abhiranjan KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                                  (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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