Patna High Court
Abhimanyu KumarversusThe 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 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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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(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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