Created by Fuzzy Cloud

Patna High Court

Akash Kumar MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.