Patna High Court

Abhishek KumarversusThe State of Bihar

Decided: 23 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court granted bail to the petitioner with specified conditions.

Summary

The petitioner, Abhishek Kumar, a driver of a Mahindra Bolero, was arrested in connection with the seizure of 309.960 litres of liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, was not the owner of the vehicle, and had no knowledge of the contraband, although he had been in custody since 14‑12‑2025 and possessed two prior criminal records. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023. The Court, after considering the circumstances and the period of custody, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the petitioner’s attendance at all trial dates, with cancellation possible after two consecutive defaults.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the petitioner’s antecedents
Whether the non‑compliance of Section 103 of the Bharatiya Nagarika Suraksha Sanhita, 2023, warrants denial of bail

Legislation cited

Bharatiya Nagarika Suraksha Sanhita, 2023 — s. 103

Subjects

bail
excise
liquor seizure
false implication
driver
Section 30(a)
Section 103
Bihar Prohibition and Excise Act
Bharatiya Nagarika Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7604 of 2026
                       Arising Out of PS. Case No.-518 Year-2025 Thana- Excise P.S. District- Buxar
                 ======================================================
                 Abhishek Kumar S/o Ramekbal Singh @ Ramikbal Singh Resident of village
                 - Rouni @ Roulli, P.S.- Bikramganj, Distt.- Rohtash at Sasaram


                                                                                      ... ... Petitioner/s
                                                         Versus

                 The State of Bihar


                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :        Mr. Rajiv Ranjan Kumar Pandey, Advocate
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap, APP
                 ======================================================

                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                    ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in connection with Buxar

                   Utpad P.S. Case No. 518 of 2025 instituted for the offences

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                               3. The prosecution case, in short, is that total 309.960

                   litres of liquor was recovered from Mahindra Bolero.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.7604 of 2026(3) dt.23-02-2026
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          incriminating article has been recovered from the conscious

          possession of the petitioner. Learned counsel further submitted

          that petitioner is not the owner of the vehicle. It is further

          submitted that petitioner is the driver of the vehicle in question

          but he had no knowledge regarding the goods loaded in the

          vehicle. The petitioner is in custody since 14.12.2025 and has

          two criminal antecedents. There is no compliance of Section

          103 of the Bharatiya Nagarika Suraksha Sanhita, 2023.

                     5. Learned APP 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 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/- ( Rupees Fifteen Thousand) with two

          sureties of the like amount each to the satisfaction of Court

          below/concerned Court in connection with Buxar Utpad P.S.

          Case No. 518 of 2025, subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
           Patna High Court CR. MISC. No.7604 of 2026(3) dt.23-02-2026
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                     consecutive dates, the Trial Court will have liberty to cancel the

                     bail bonds of the petitioner.



                                           (Rudra Prakash Mishra, J)
Alok Verma/-

U      T

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