Patna High Court
Abhisek Kumar singh alias abhisek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor was not shown to be in the petitioner’s conscious possession.
Summary
The petitioner, Abhisek Kumar Singh, was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 137.85 litres recovered. He contended that the liquor was seized from a co‑accused’s poultry farm and that he had no physical possession or direct involvement, arguing that the seizure list lacked independent witnesses. The Additional Public Prosecutor opposed the petition for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner’s conscious possession. Consequently, the court granted anticipatory bail, directing release upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC and Section 482 of the BNSS despite the FIR alleging possession of illicit liquor
- Whether the recovery of liquor can be said to be in the petitioner’s conscious possession
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 274, 275, 438(2), 482(2)
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 32(2), 36, 41(1)
Subjects
- anticipatory bail
- illicit liquor
- possession
- BNSS
- excise law
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43442 of 2026
Arising Out of PS. Case No.-128 Year-2026 Thana- KATHAIYA District- Muzaffarpur
======================================================
Abhisek Kumar singh alias abhisek Kumar Son of Arun Kumar singh @ Arun
Kumar R/O Vill.- Sirsiya Jagdish, P.S- Kathaiya, Dist.- Muzaffarpur
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Priyesh Kumar, Advocate
For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Kathaiya P.S.
Case No.128 of 2026 registered under Sections 274 and
275 of the Bharatiya Nyaya Sanhita (in short ‘B.N.S.’, 2023)
and Sections 30(a), 32(2), 36, 41(1) of Bihar Prohibition
and Excise Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 137.85 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.43442 of 2026(2) dt.03-07-2026
2/3
the petitioner that the recovery of alleged illicit liquor was
made from the poultary farm of co-accused, namely, Roshan
singh. It is also submitted that name of petitioner arrayed
solely on the disclosure made by the other co-accused. It is
further said that petitioner is neither connected with alleged
liquor nor the petitioner was apprehended on the spot and it
can be safely said that the recovery of illicit liquor was not
made from conscious possession of this petitioner. It is also
submitted that the seizure list also appears doubtful being
not supported by independent witnesses rather than by
police personnel. Explaining criminal antecedent, it is
submitted that the petitioner found involved in one criminal
case, where he is on bail.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
Patna High Court CR. MISC. No.43442 of 2026(2) dt.03-07-2026
3/3
period of four weeks from today, is directed to be released
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 Exclusive Special Judge Excise- II,
Muzaffarpur, in connection with Kathaiya P.S. Case No.128
of 2026, subject to the conditions as laid down under
Section 438(2) of the CrPC/under Section 482(2) of the
BNSS.
(Chandra Shekhar Jha, J.)
Aniket/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.