Abhishek Kumar @ Vidhayak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1559 of 2026 Arising Out of PS. Case No.-205 Year-2025 Thana- BHAGWANPUR HAT District- Siwan ====================================================== Abhishek Kumar @ Vidhayak S/o Ravindra Ray Resident of Village - Maghar, P.S. - Bhagwanpur Hat, District - Siwan ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Informant :

Mr. Mr. Rupesh Kumar, Advocate Mr. Ravi Ranjan, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 05-02-2026 Heard Mr. Bijay Prakash Singh, learned counsel for the petitioner; Mr. Rupesh Kumar, learned counsel for the informant and Mr. Sanjay Kumar, learned APP for the State.

2. The petitioner has prayed for bail in connection with Bhagwanpur Hat P.S. Case No. 205 of 2025 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The case of the prosecution in short is that from two persons on a bike, altogether 130 liters of country-made liquor was recovered.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that nothing has been recovered from the possession of this petitioner. The witnesses of the seizure

Patna High Court CR. MISC. No.1559 of 2026(2) dt.05-02-2026 2/2 list are police personnel. Police has not complied with Section 105 of the BNSS while making the seizure. He further submits that the petitioner is languishing in judicial custody since 21.05.2025.

5. The application for bail is vehemently opposed by the learned counsel for the informant and the learned APP for the State and submits that the petitioner is having criminal antecedent of one case of similar nature.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail with the condition that the petitioner shall not repeat same kind of offences in future. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-I, Siwan in connection with Bhagwanpur Hat P.S. Case No. 205 of 2025. (Ashok Kumar Pandey, J) Sudhanshu/- U T