Patna High Court
Abhimanyu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail is allowed.
Summary
The petitioners, Abhimanyu Kumar and Awadesh Kumar, were arrested in connection with the seizure of 200 litres of illicit liquor and charged under Section 30(a) of the Bihar Prohibition & Excise Act and Section 317(3) of the Bharatiya Nyaya Sanhita, 2023. They claimed a clean antecedent, asserted innocence, and had been in custody since 10 April 2026. The petitioners offered to donate Rs 25,000 each to a charitable organization and sought regular bail, while the State opposed the relief. The High Court, after considering the facts and material on record, allowed the bail application, directing the petitioners to furnish a bail bond of Rs 10,000 each with two sureties, deposit Rs 25,000 each with the Ramakrishna Mission, and report to the police station on specified Sundays, failing which bail would be cancelled. The Court clarified that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act and Section 317(3) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the conditions imposed by the Court are appropriate for the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 317(3)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- illicit liquor
- criminal procedure
- Bihar
- Bharatiya Nyaya Sanhita
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40574 of 2026
Arising Out of PS. Case No.-121 Year-2026 Thana- CHHAURADANO District- East
Champaran
======================================================
1. Abhimanyu Kumar S/O Shivchnadra Sahni R/V - Malahi, P. S -
Chhauradano, District - East Champaran
2. Awadesh Kumar Son of Chandradev Sahni R/V - Malahi, P. S -
Chhauradano, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Nupur, Advocate
Mr. Aditya Raj Singh
For the Opposite Party/s : Mr. Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Chhauradano P.S. Case No. 121 of 2026 registered for the
offence under Section 30(a) of the Bihar Prohibition & Excise
Act and Section 317(3) of the Bharatiya Nyaya Sanhita, 2023.
3. There is recovery of 200 liters of illicit liquor from
the motorcycle in question. The petitioners claim clean
antecedent.
4. Learned counsel for the petitioners submits that
the petitioners are in custody since 10.04.2026, are quite
innocent and have falsely been implicated in the present case.
Patna High Court CR. MISC. No.40574 of 2026(2) dt.24-06-2026
2/3
He further submits that the petitioners are ready to donate Rs.
25,000/- (Rs. Twenty Five Thousand) each in some charitable
organization without accepting their guilt.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
and the materials available on record, this application for regular
bail is allowed.
7. Let the petitioners, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
each 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 Chhauradano P.S. Case No. 121 of
2026 subject to condition that:-
(I). The petitioners shall deposit
an amount of Rs. 25,000/- (Rupees Twenty
Five Thousand Only) each 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 petitioners shall
be accepted only after verifying the
genuineness of the receipt produced by the
petitioners.
(ii). The petitioners are directed to
Patna High Court CR. MISC. No.40574 of 2026(2) dt.24-06-2026
3/3
mark their attendance at Chhauradano
Police Station, East Champaran, Motihari
on every 1st and 3rd Sunday of each month.
Failure to do so, will result in cancellation
of bail bonds of the petitioners.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.