Patna High Court
Abhay Kumar @ Hanuman @ Ranjeet KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
The petitioner, Abhay Kumar, was arrested on 18 May 2026 in connection with a case involving the seizure of 100 litres of illicit country-made liquor from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no prior criminal record, was not in possession of the liquor or the motorcycle, and was implicated only through the testimony of a co‑accused. The prosecution opposed bail, arguing the seriousness of the offence. The court examined the facts, noting the lack of direct evidence linking the petitioner to the seized liquor and his clean antecedent, and consequently ordered his release on bail with a bond of Rs.10,000 and two sureties. The bail was conditioned on the petitioner’s cooperation with the trial, physical presence in court, non‑tampering with evidence or witnesses, and verification of his criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner’s alleged involvement, based solely on co‑accused testimony, justifies continued detention.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- criminal antecedent
- co‑accused testimony
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40798 of 2026
Arising Out of PS. Case No.-202 Year-2026 Thana- DIGHWARA District- Saran
======================================================
Abhay Kumar @ Hanuman @ Ranjeet Kumar S/O Chullhan Rai R/O Vill.-
Dighwara Balu Ghat, P.S.- Dighawara, Dist.- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aashish Kumar, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 30-06-2026 Heard Mr. Aashish Kumar, learned counsel for the
petitioner and Mr. Pramod Kumar Pandey, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
18.05.2026 in connection with Dighwara P.S. Case No. 202 of
2026, F.I.R. dated 17.05.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act.
3. Recovery is of 100 liters of illicit country made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has 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 from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.40798 of 2026(2) dt.30-06-2026
2/3
the recovery of 100 liters of illicit liquor has been made from
the motorcycle in question near Dighwara, Purvi Dhala and
petitioner has no concern at all from the recovery of the illicit
liquor or the motorcycle in question and he was not
apprehended from the place of occurrence. The name of the
petitioner has been transpired on the basis of disclosure made by
the co-accused, namely, Vishal Kumar and except the aforesaid,
nothing has come during investigation which suggest the
involvement of the petitioner in the present occurrence. The
petitioner is in custody since 18.05.2026.
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 1st
Exclusive Special Judge Excise, Saran at Chapra in connection
with Dighwara P.S. Case No. 202 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
Patna High Court CR. MISC. No.40798 of 2026(2) dt.30-06-2026
3/3
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.
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)
Vanisha/-
U T
T
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