Patna High Court
Akash Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail is granted conditionally to the petitioner, subject to surrender within four weeks and compliance with the stipulated bond and surety requirements.
Summary
The petitioner, Akash Kumar Mishra, was named in an FIR for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, with 86.040 litres of liquor recovered. Counsel for the petitioner argued that the liquor was recovered from an open place accessible to the public and that the petitioner’s name was disclosed only by co‑accused, with no direct physical possession linking him to the contraband. The State opposed the bail application. The Court observed that, prima facie, the recovery did not arise from the petitioner’s physical possession and therefore granted bail on the condition that the petitioner surrenders within four weeks, furnishes a bail bond of Rs.10,000 with two sureties, and complies with the conditions of Section 438(2) Cr.P.C. and Section 482(2) of the BNSS. The order was directed to the Exclusive Special Judge (Excise‑II), Darbhanga, where the trial is pending.
Issues considered
- Whether the petitioner is entitled to bail when the seized illicit liquor is not shown to be in his physical possession.
- Whether the disclosure of the petitioner’s name by co‑accused suffices to sustain the charge under Section 30(a) of the Bihar Prohibition and Excise Act.
- Applicability of Section 438(2) Cr.P.C. and Section 482(2) BNSS in granting bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- illegal liquor
- Bihar Prohibition and Excise Act
- physical possession
- Criminal Procedure Code
- Section 30(a)
- Darbhanga
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45665 of 2026
Arising Out of PS. Case No.-234 Year-2026 Thana- BAHERA District- Darbhanga
======================================================
Akash Kumar Mishra S/o Santosh Mishra @ Santosh Kumar Mishra R/o
Village - Ramauli, Post - Ramauli, P.S - Bahera, Distict - Darbhanga, Pin -
847201
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kanchan Jha
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-07-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and
apprehending his arrest in connection with Bahera P.S. Case
No.234/2026 registered for the offences punishable under
Section 30 (a) of the Bihar Prohibition and Excise Act.
3. The allegation against the petitioner is to be
engage in illegal trading/manufacturing of illicit liquor, where,
there is recovery of 86.040 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submitted that recovery of illicit liquor was made from
an open place, which is easily accessible by general public. It is
further submitted that name of this petitioner transpired in this
case on the basis of disclosure as made by apprehended co-
accused persons. It is submitted that recovery was not made
Patna High Court CR. MISC. No.45665 of 2026(2) dt.10-07-2026
2/2
from the conscious physical possession of the petitioner. While
concluding the argument it is submitted that petitioner found
involved in one more case, where he is on bail.
5. Learned APP, opposes the prayer for bail.
6. In view of aforesaid factual submission and by
taking note of fact as recovery of illicit liquor prima-facie not
appears to be made from the physical possession of this
petitioner, accordingly the petitioner above named, in the event
of his arrest or surrender before the learned trial court within a
period of four weeks, is directed to be released on bail, furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Exclusive Special Judge Excise-II, Darbhanga/concerned trial
court where the case is pending in connection with Bahera P.S.
Case No.234/2026 subject to the conditions as laid down under
Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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