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Patna High Court

Abhishek KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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