Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15001 of 2026 Arising Out of PS. Case No.-160 Year-2026 Thana- Excise P.S. District- Kishanganj ====================================================== Abhishek Kumar S/O Ras Bihari Paswan R/O Vill.- Kalaunjar, P.s- Chakmaisi (Chakmehsi), District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan, Advocate For the Opposite Party/s :
Mr.Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-03-2026 Heard Mr.Rajeev Ranjan, learned counsel for the petitioner and Mr.Narendra Kumar Singh, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 07.02.2026 in connection with Madya Nisedh P.S. Case No. 160 of 2026 giving rise to Special Case No.160 of 2026, F.I.R. dated 07.02.2026 registered for the offence punishable under Sections 30(a) and 32(3) of Bihar Prohibition and Excise (Amendment) Act.
3. Recovery is of 292.500 liters of illicit liquor.
4. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. It appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the
Patna High Court CR. MISC. No.15001 of 2026(2) dt.09-03-2026 2/3 recovery has been made from the Pick-Up -Van in question and altogether 292.500 liters of illicit liquor was recovered from the vehicle in question. Learned counsel for the petitioner submits that the petitioner is neither the owner nor the driver of the vehicle in question and he has no concern at all with the alleged recovery of illicit liquor or the vehicle in question and there is non-compliance of Section 103 of BNSS, 2023 and the petitioner is in custody since 07.02.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge Excise-II, Kishanganj in connection with Madya Nisedh P.S. Case No. 160 of 2026 giving rise to Special Case No.160 of 2026, with the following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
Patna High Court CR. MISC. No.15001 of 2026(2) dt.09-03-2026 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. (Rajesh Kumar Verma, J) Nitesh/- U T