Patna High Court
Abhishek Kumar MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny it.
Summary
The petitioner, Abhishek Kumar Mishra, was arrested in connection with a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 274.140 litres of liquor were recovered from a vehicle. He contended that he had no ownership or control over the vehicle, that no incriminating material was found in his possession, and that he was falsely implicated by the police. The petitioner also highlighted his clean criminal record and the lack of compliance with Section 103 of the Bihar Narcotic Substances (B.N.S.S.) Act, 2023. The State opposed the bail application, arguing the seriousness of the offence. Considering the petitioner’s clean antecedent, the circumstances of his custody, and the absence of direct evidence, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether the petitioner is entitled to bail under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act despite the recovery of liquor from the vehicle.
- Whether the lack of direct possession and clean antecedent justify the grant of bail.
Subjects
- bail
- prohibition law
- excise
- false implication
- criminal antecedent
- section 30(a)
- section 41(1)
- section 103
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6504 of 2026
Arising Out of PS. Case No.-357 Year-2025 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Abhishek Kumar Mishra Son of Harendra Kumar Mishra Resident of Village-
Harnahi, P.S.- Baruraj, District- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyesh Kumar, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Dumariyaghat P.S. case
No. 357 of 2025 instituted for the offences under Sections 30(a)
and 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 274.140 liters
liquor was recovered from car.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. It is
further submitted that the petitioner is neither the owner nor the
Patna High Court CR. MISC. No.6504 of 2026(2) dt.02-02-2026
2/2
driver of the vehicle. The petitioner has been falsely implicated
by the police with ulterior motive. The petitioner is in custody
since 16.12.2025 and has got no criminal antecedent. There is
no compliance of Section 103 of B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent and the period of custody
undergone by the petitioner, this Court is inclined to grant bail
to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Dumariyaghat P.S.
case No. 357 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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