Patna High Court
Abhishek RajversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 41, 56(b)
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
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