Patna High Court

Akhilesh Singh @ Akhilesh KumarversusThe State of Bihar

Decided: 10 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court held that bail must be granted to the petitioners.

Summary

The petitioners, Akhilesh Singh and Md. Sikandar, were arrested on 5 December 2025 in connection with a case alleging possession of 58 litres of liquor recovered from a plastic sack, under Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, arguing that the sack did not belong to them, no incriminating material was found on them, and they had no prior criminal record. Their counsel contended that the arrest was based solely on suspicion and that the prosecution failed to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the lack of substantive evidence, the length of custody, and the statutory non‑compliance, the Court granted bail, ordering each petitioner to furnish a bail bond of Rs. 15,000 with two sureties of equal amount.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of arrest.
Whether the prosecution complied with the procedural requirements of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
suspicion
custody
Section 103
Bihar Prohibition and Excise Act
Bharatiya Nagarik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8207 of 2026
                       Arising Out of PS. Case No.-975 Year-2025 Thana- PIRBAHOR District- Patna
                 ======================================================
           1.     Akhilesh Singh @ Akhilesh Kumar S/o- Late Mahendra Singh R/o - Bengali
                  Tola , P.s - Sonpur , Dist - Saran
           2.    Md. Sikandar @ Chotu S/o- Md. Alam R/v- SAtmalpur Ps- Town Dist-
                 Samastpur, P/A- Radha Colony, Sauchalay Ke Aage Jhopparpatti Ke Pass
                 Ps- Bahadurpur Dist- Patna

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Munish Kumar, Advocate
                 For the Opposite Party/s :       Mr. N. N. Tiwari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   10-02-2026                        Heard Mr. Munish Kumar, learned counsel for the

                   petitioners and Mr. N. N. Tiwari, learned APP for the State.

                                2. The petitioners seek bail in connection with

                   Pirabhore P.S. Case No. 975 of 2025, instituted for the offences

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

                   Excise Act.

                                3. The prosecution case, in short, is that 58 liters

                   liquor was recovered from plastic sack and both the petitioners

                   were arrested on spot.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have falsely been implicated in the

                   present case. No incriminating material has been recovered from
             Patna High Court CR. MISC. No.8207 of 2026(2) dt.10-02-2026
                                                         2/2




                       the conscious possession of the petitioners. The petitioners have

                       got no concern with the alleged recovery of liquor. Learned

                       counsel for the petitioners also submitted that the plastic sack

                       does not belong to the petitioners. The petitioners have been

                       arrested only on the basis of suspicion. The petitioners are in

                       custody since 05.12.2025 and have got no criminal antecedent.

                       There is no compliance of Section 103 of the Bharatiya Nagarik

                       Suraksha Sanhita, 2023.

                                    5. Learned APP for the State has vehemently opposed

                       the prayer for grant of bail to the petitioners.

                                    6. Considering the aforesaid facts and circumstances

                       of the case and the period of custody undergone by the

                       petitioners, this Court is inclined to grant bail to the petitioners.

                                    7. Let the petitioners be released on bail on furnishing

                       bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with

                       two sureties of the like amount each to the satisfaction of Court

                       below/concerned Court in connection with Pirabhore P.S. Case

                       No. 975 of 2025.



                                                                    (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

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