Patna High Court
Abhishek Kumar @ Abhishek Kumar Yadav @ Abhishek YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court held that bail should be granted to the petitioner subject to conditions.
Summary
The petitioner, Abhishek Kumar, sought bail in a case (Raniganj P.S. Case No. 254 of 2024) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where 171 litres of liquor were recovered from a car. The petitioner claimed innocence, stating he was neither the owner nor driver of the vehicle and that his name was linked to the case based on secret police information, with no incriminating material found in his possession. The prosecution opposed bail, highlighting the petitioner’s three prior criminal antecedents and the alleged non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court, after considering the facts, the period of custody, and the lack of direct evidence, 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 mandatory appearance at every trial date, with cancellation possible upon two consecutive defaults.
Issues considered
- Whether bail should be granted to the petitioner despite the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act
- Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
- Whether the petitioner’s prior criminal antecedents and the manner of his implication affect the bail decision
Legislation cited
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Bharatiya Nagarik Suraksha Sanhita
- Section 103
- criminal antecedents
- secret information
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91230 of 2025
Arising Out of PS. Case No.-254 Year-2024 Thana- RANIGANJ District- Araria
======================================================
Abhishek Kumar @ Abhishek Kumar Yadav @ Abhishek Yadav S/o Late
Ramesh Yadav R/o Village - Indarpur, Ward No. 03, Panchayat Majhuwa
Pashchim, P.S - Raniganj, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the Opposite Party/s : Mr. Nityanand, 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 connection with
Raniganj P.S. Case No. 254 of 2024, instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 171 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. Learned counsel
Patna High Court CR. MISC. No.91230 of 2025(2) dt.19-01-2026
2/3
for the petitioner also submits that the petitioner is neither
owner nor driver of the car in question. It is further submitted
that the petitioner was not arrested on spot. Name of the
petitioner has transpired in this case on the basis of secret
information received by the police. The petitioner is in custody
since 25.11.2025 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 Raniganj P.S. Case
No. 254 of 2024, 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.91230 of 2025(2) dt.19-01-2026
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consecutive dates, the Trial Court will have liberty to cancel the
bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Rajorshi/-
U T
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