Created by Fuzzy Cloud

Patna High Court

Abhishek RajversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Abhishek Raj, was arrested in connection with the recovery of 48 litres of beer from a Maruti Swift vehicle, alleged to be a violation of Sections 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act, 2016. He contended that he was merely a passenger, not the owner or driver, and had no knowledge of the liquor being in the vehicle, asserting that the seizure was not conducted in compliance with mandatory procedural requirements, notably the absence of an independent witness. The petitioner also highlighted his clean criminal record and that he had been in custody since 7 May 2026. The Court examined the lack of physical possession, the procedural irregularities in the search and seizure, and the petitioner’s lack of antecedents. Considering these factors, the Court ordered that the petitioner be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount.

Issues considered

  • Whether bail should be granted in offences under the Bihar Prohibition and Excise Act, 2016 when the accused denies possession and knowledge of the illicit liquor.
  • Whether the search and seizure complied with mandatory statutory provisions, and the impact of any non‑compliance on bail eligibility.
  • Whether the petitioner’s clean criminal record and custodial duration warrant bail under the Criminal Procedure Code.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • search and seizure
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • possession
  • procedural lapse

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39123 of 2026
                       Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna
                 ======================================================
                 Abhishek Raj S/o Raj Kumar Prasad R/o Village- Bihar Road, Hilsa P.S
                 -Hilsa, Dist- Nalanda.

                                                                                      ... ... Petitioner/s
                                                         Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Jitendra Kumar, Advocate
                 For the Opposite Party/s :         Mrs. Gulnar Begum, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   10-06-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State through virtual mode.

                              2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a), 41 and 56(b) of the

                   Bihar Prohibition and Excise Act, 2016.

                              3. Perusal of the first information report and the seizure

                   list would go to show that 190.080 liters of illicit liquor was

                   recovered from a Maruti Eco Car and 48 liters of beer is said to

                   have been recovered from a Maruti Swift Dezire car. So far as

                   this petitioner is concerned, he is only related to recovery of 48

                   liters of beer.

                               4. It is submitted by learned counsel for the petitioner

                   that there is no recovery from the conscious or physical

                   possession of the petitioner. The petitioner is neither the owner
            Patna High Court CR. MISC. No.39123 of 2026(2) dt.10-06-2026
                                                        2/2




                      nor the driver of the said vehicle. The petitioner had taken a lift

                      to come to Patna and he had no knowledge of keeping of the

                      said liquor in the vehicle. There is violation of the mandatory

                      provisions of the search and seizure as there is no independent

                      witness to the seizure list. Petitioner has no criminal antecedent

                      and has been languishing in custody since 07.05.2026.

                                   5.    Taking      into     consideration   the   fact   and

                      circumstances of the case and also considering the fact that there

                      is non-compliance of mandatory provisions of search and

                      seizure coupled with the fact that petitioner has no criminal

                      antecedent, the above named petitioner is directed to be

                      enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees

                      Ten Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Excise P.S. Case

                      No. 2861 of 2026.


                                                (Soni Shrivastava, J)

Trivedi/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.