Patna High Court
Abhishek Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court grants bail to the petitioner on furnishing bail bonds of Rs.15,000 with two sureties.
Summary
The petitioner, Abhishek Kumar Singh, sought bail in a case (Uchkagaon P.S. Case No. 149 of 2025) involving alleged possession of 459 litres of country-made liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from two motorcycles and an orchard, while the petitioner claimed innocence, no possession of the motorcycles, and that the recovery site was public. The petitioner also highlighted that a co‑accused had already been granted bail and that there was no compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail. Considering the facts, custody period, and the petitioner’s antecedents, the court decided to grant bail, ordering a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes bail.
Legislation cited
Subjects
- bail
- prohibition law
- excise
- criminal procedure
- Section 30(a)
- Section 103
- Bihar
- liquor seizure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87169 of 2025
Arising Out of PS. Case No.-149 Year-2025 Thana- UCHKAGAON District- Gopalganj
======================================================
Abhishek Kumar Singh Son of Anil Singh @ Late Anil kumar singh Resident
of Village- Rampur Kala, P.S.- Phulwariya, District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vyas Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 13-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Uchkagaon P.S. Case No. 149 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 459 liters of
country made liquor was recovered from two motorcycles and
orchard.
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. Learned counsel
Patna High Court CR. MISC. No.87169 of 2025(2) dt.13-01-2026
2/2
for the petitioner submits that the alleged motorcycles do not
belong to the petitioner. It is also submitted that the alleged
recovery is made from an open place which is accessible to one
and all. Learned counsel for the petitioner further submits that
other co-accused has been granted bail by a Co-ordinate Bench
of this Court vide order dated 24.11.2025 passed in Cr. Misc.
No. 79361 of 2025. The petitioner is in custody since
16.09.2025 and has got three criminal antecedents. 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 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 Uchkagaon P.S. Case
No. 149 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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