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Patna High Court

Abhimanyu KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that bail should be granted to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Abhimanyu Kumar, was arrested in connection with the recovery of 102 litres of liquor near his hut and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, arguing that the liquor was found in a public open area, that he was not arrested on the spot, and that no incriminating material was found in his possession. The State opposed bail, while the petitioner’s counsel highlighted his three prior criminal antecedents, all of which were on bail, and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the facts, the duration of custody since 10‑Nov‑2025, and the lack of direct evidence, the Court inclined to grant bail. The Court ordered release on bail with a bond of Rs.15,000 and two sureties, subject to conditions regarding family surety and appearance at trial dates.

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 the case.
  • Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedents affect the grant of bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 30(a)
  • Section 103
  • criminal procedure
  • custody
  • antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91820 of 2025
                      Arising Out of PS. Case No.-53 Year-2025 Thana- BIRUPUR District- Lakhisarai
                 ======================================================
                 Abhimanyu Kumar S/o Late Arbind Singh @ Arvind Singh R/o Village- 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. Lakshmi Kant Sharma, 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. 53 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 102 liters

                   liquor was recovered from jute sack near the hut of the

                   petitioner.

                                 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
Patna High Court CR. MISC. No.91820 of 2025(2) dt.19-01-2026
                                            2/3




          no concern with the alleged recovery of liquor. Learned counsel

          for the petitioner also submits that the alleged recovery has been

          made from an open place near the hut of the petitioner and the

          same is easily accessible to the public at large. 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

          disclosure made by local people. The petitioner is in custody

          since 10.11.2025 and has got three criminal antecedents in

          which he is on bail. 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. 53 of 2025, subject to the following conditions:

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

          the family of the petitioner.
             Patna High Court CR. MISC. No.91820 of 2025(2) dt.19-01-2026
                                                         3/3




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

                       fixed at the trial. In case of default in such appearance on two

                       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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