Patna High Court
Abhishek KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner, Abhishek Kumar, was arrested on 20 November 2025 after 50 litres of liquor were recovered from a plastic sac in a public place, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, contending that he had no possession of the liquor, no involvement in its sale, a clean criminal record, and that no incriminating material was found on him. The State opposed the bail, arguing the seriousness of the offence. The court examined the facts, noting the petitioner’s clean antecedent, the lack of material evidence, and the non‑compliance of Section 103 of the B.N.S.S., 2023, and decided to grant bail. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.15,000 with two sureties of equal amount.
Issues considered
- Whether bail should be granted to the accused in an offence under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest and evidence.
- Whether the non‑compliance of Section 103 of the B.N.S.S., 2023, affects the grant of bail.
Legislation cited
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise offence
- liquor seizure
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.666 of 2026
Arising Out of PS. Case No.-490 Year-2025 Thana- Excise P.S. District- Rohtas
======================================================
Abhishek Kumar S/O Umesh Ram R/O Village- Patanawa, Ward no. 11, P.S.-
Indrapuri, Dist.- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Excise Case No. 1720 of
2025, arising out of Excise P.S. case No. 490 of 2025 instituted
for the offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 50 liters liquor
was recovered from plastic sac and the petitioner was arrested
on spot.
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
Patna High Court CR. MISC. No.666 of 2026(2) dt.19-01-2026
2/2
has got no concern with the alleged recovery of liquor. It is
further submitted that recovery has been made from an open
place accessible to public at large. The petitioner is not indulged
in sale and purchase of liquor. The petitioner is in custody since
20.11.2025 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 Excise Case No.
1720 of 2025, arising out of Excise P.S. case No. 490 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…