Abhishek Kumar @ Abhishek Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6277 of 2026 Arising Out of PS. Case No.-367 Year-2025 Thana- ARARIA District- Araria ====================================================== Abhishek Kumar @ Abhishek Ray S/o Basawan Ray R/o Village - Jatkauli Kanhaily, P.S - Vaishali, District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manoj Kumar, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-02-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Araria P.S. Case No. 367 of 2025 instituted for the offences under Sections 338, 336(3), 111(1) of the Bharatiya Nyaya Sanhita, 2023 and Sections 30(a), 41(1) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 2520 litres of liquor was recovered from Truck.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel further submitted that petitioner is neither the owner nor the driver of the vehicle. The petitioner has got no
Patna High Court CR. MISC. No.6277 of 2026(2) dt.03-02-2026 2/2 knowledge and concern with the alleged recovery of liquor. Learned counsel, therefore, submitted that prima-facie, no case is made out against the petitioner. The petitioner has no criminal antecedent. There is no compliance of Section 103 of the Bharatiya Nagarika 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, let the petitioner above named, in the event of arrest/surrender before the learned Court below within a period of six weeks from today, be released on anticipatory 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 Araria P.S. Case No. 367 of 2025, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarika Suraksha Sanhita, 2023.
(Rudra Prakash Mishra, J) Alok Verma/- U T