Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
The petitioner, Abhishek Kumar, was arrested on May 7, 2026 in connection with a case involving the seizure of 252 litres of foreign liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that he had a clean antecedent and was falsely implicated, arguing that the liquor was recovered from his vehicle and not from his conscious possession. The Additional Public Prosecutor opposed bail. The Court considered the facts, the petitioner’s claim of lack of possession, and his clean record, and ordered that bail be granted on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence. The bail bond is to be verified for any concealed criminal antecedent, but acceptance of the bond should not be delayed. The order was pronounced by Justice Rajesh Kumar Verma of the Patna High Court.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018, considering alleged lack of conscious possession and a clean criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- possession
- criminal antecedent
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38895 of 2026
Arising Out of PS. Case No.-208 Year-2026 Thana- SAMASTIPUR MUFFASIL District-
Samastipur
======================================================
Abhishek Kumar S/o Arjun Sah resident of ward no. 11, Harsihpur,
Harsinghpur, P.S.-Sarairanjan, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Keshav Bhardwaj, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 22-06-2026 Heard Mr. Keshav Bhardwaj, learned counsel for
the petitioner and Mr. Rajesh Kumar, learned Additional Public
Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
07.05.2026 in connection with Samastipur Muffasil P.S. Case
No. 208 of 2026, F.I.R. dated 06.05.2026 for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2018.
3. Recovery is of 252 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner clean antecedent and he has falsely been implicated in
the present case. He further submits that it appears from the
F.I.R. as well as seizure list that nothing has been recovered
Patna High Court CR. MISC. No.38895 of 2026(2) dt.22-06-2026
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from the conscious possession of the petitioner rather the
recovery has been made from vehicle in question and the
petitioner has been made accused merely on the basis that he is
the owner of the vehicle in question. The petitioner is in custody
since 07.05.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Judge (Excise)-I, Samastipur in connection with
Samastipur Muffasil P.S. Case No. 208 of 2026, subject to the
following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
Patna High Court CR. MISC. No.38895 of 2026(2) dt.22-06-2026
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iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi /-
U T
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