Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The court held that the absence of incriminating material in the petitioner’s possession and the extended pre‑trial custody justified the grant of bail despite the seriousness of the offence.

Summary

The petitioner, Abhimanyu Kumar, was arrested on suspicion of possessing 41.5 litres of liquor recovered from a motorcycle, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that no incriminating material was found in his conscious possession and that his arrest was solely on suspicion, despite having four prior criminal antecedents and being in custody since 29‑10‑2025. The State opposed bail, while the petitioner’s counsel highlighted non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the lack of direct evidence, the prolonged pre‑trial detention, and the statutory requirements, the court inclined to grant bail. The petitioner was released on a bail bond of Rs.15,000 with two sureties, subject to conditions including family surety and regular appearance in court.

Issues considered

Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
Whether the failure to comply with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, precludes the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
Bihar Prohibition and Excise Act
Section 30(a)
pre‑trial detention
Bharatiya Nagarik Suraksha Sanhita
Section 103
criminal procedure
surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91706 of 2025
                      Arising Out of PS. Case No.-57 Year-2025 Thana- BIRUPUR District- Lakhisarai
                 ======================================================
                 Abhimanyu Kumar S/O Late Arbind Singh @ Arvind Singh R/O Vill and
                 P.S.- Birupur, Dist.- Lakhisarai.


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Parmod Kumar, Advocate
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, 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

                   Birupur P.S. Case No. 57 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 41.5 liters

                   liquor was recovered from motorcycle 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
Patna High Court CR. MISC. No.91706 of 2025(2) dt.19-01-2026
                                            2/3




          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

          for the petitioner also submits that the petitioner has been

          arrested only on the basis of suspicion. The petitioner is in

          custody since 29.10.2025 and has got four 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 Birupur P.S. Case

          No. 57 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.91706 of 2025(2) dt.19-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T

Continue reading with your account

Checking your session…