Patna High CourtCR. MISC./6504/2026bail granted

Abhishek Kumar Mishra v. The State Of Bihar

2026-02-02Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6504 of 2026 Arising Out of PS. Case No.-357 Year-2025 Thana- DUMARIAGHAT District- East Champaran ====================================================== Abhishek Kumar Mishra Son of Harendra Kumar Mishra Resident of VillageHarnahi, P.S.- Baruraj, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Dumariyaghat P.S. case No. 357 of 2025 instituted for the offences under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 274.140 liters liquor was recovered from car.

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 no concern with the alleged recovery of liquor. It is further submitted that the petitioner is neither the owner nor the

Patna High Court CR. MISC. No.6504 of 2026(2) dt.02-02-2026 2/2 driver of the vehicle. The petitioner has been falsely implicated by the police with ulterior motive. The petitioner is in custody since 16.12.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dumariyaghat P.S. case No. 357 of 2025.

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