Patna High Court
Abhyas KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
The petitioner, Abhyas Kumar, sought relief from anticipated arrest in an excise case (Case No. 81 of 2025) involving the alleged recovery of 6.84 litres of illicit liquor, for which he was named as a co-accused being the brother of the primary accused. He asserted his innocence, clean antecedent, and offered to donate Rs. 25,000 to a charitable organization without admitting guilt. The High Court, after hearing counsel, granted anticipatory bail under Section 438(2) of the CrPC and Section 482 of the BNSS, subject to a bail bond of Rs. 10,000 with two sureties, verification of his antecedent, a mandatory donation of Rs. 25,000 to Ramakrishna Mission Sevashrama, and regular attendance at the police station. The order also stipulated that any involvement in other cases or failure to appear would lead to cancellation of bail. The Court clarified that the order pertains only to the bail application and does not prejudice the merits of the underlying trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438(2) of the CrPC and Section 482 of the BNSS in the excise case.
- Whether the imposition of conditions such as a charitable donation, verification of antecedent, and periodic police station attendance is permissible.
- Whether the petitioner’s alleged clean antecedent affects the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Amendment Act
- Criminal Procedure Code
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 38629 of 2026
Arising Out of PS. Case No.-81 Year-2025 Thana- Excise P.S. District- Samastipur
======================================================
Abhyas Kumar S/o Ashok Sah R/o Village - Rampur Kushaya, Ward no. 06,
P.S. - Waris Nagar, Dist. - Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sweta Suman, Advocate
For the State : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Excise P.S. Case No. 81 of 2025 registered for the offence under
Sections 30(a) of the Bihar Prohibition and Excise Amendment
Act.
3. As per the prosecution case, there is recovery of
6.840 liters of illicit liquor from a bag. The petitioner is the
brother of the accused who was caught on the spot and he has
named the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner claims clean antecedent.
5. Learned counsel for the petitioner submits that the
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petitioner is ready to donate Rs. 25,000/- in some charitable
organization without accepting his guilt.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Excise Judge-2, Samastipur / concerned Court below in
connection with Excise Sadar P.S. Case No. 81 of 2025, subject
to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramakrishna Mission Sevashrama, Swami Vivekananda Path,
Bela, Muzaffarpur, Bihar and produce the receipt of the same
before the Court below. The bail bonds of the petitioner shall be
accepted after verifying the genuineness of the receipt produced
by the petitioner.
9. As the petitioner claims to have clean antecedent,
the Court below, before accepting the bail bonds of the
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petitioner is directed to verify the antecedent of the petitioner. If
the petitioner is found to be involved in any other case then the
bail bonds of the petitioner shall not be accepted.
10. As a condition of this order, the petitioner, after
being released on anticipatory bail, is directed to mark his
attendance at Waris Nagar Police Station, District-Samastpur on
first and third Sunday of each month. Any default in appearance
at the police station will result in cancellation of bail bonds of
the petitioner.
11. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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