Patna High CourtCR. MISC./2173/2026bail granted

Abhishek Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2173 of 2026 Arising Out of PS. Case No.-671 Year-2025 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Abhishek Kumar Son of Saltan Das R/o Village - Rulahi Ward no. 05, P.S. - Muffasil, Dist. - East Champaran, Motihari.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhandev Kumar, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Muffasil P.S. Case No. 671 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 total 47 liters of spirit was recovered, out of which 20 litres of Spirit was recovered from the house of petitioner and 22 litres of spirit was recovered behind the house 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.2173 of 2026(2) dt.19-01-2026 2/2 no concern with the alleged recovery of liquor. Learned counsel for the petitioner further submitted that the recovery has been made from joint house of the petitioner, where other family members also reside. The petitioner is in custody since 16.10.2025 and has got no criminal antecedent. 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 Muffasil P.S. Case No. 671 of 2025.

(Rudra Prakash Mishra, J) manish/- U T