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Patna High Court

Abhyas KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No. 38629 of 2026(2) dt.17-06-2026
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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
           Patna High Court CR. MISC. No. 38629 of 2026(2) dt.17-06-2026
                                                       3/3




                     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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