Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39305 of 2026 Arising Out of PS. Case No.-279 Year-2021 Thana- RAJAOLI District- Nawada ====================================================== Abhishek Kumar S/o Lakhan Lal Sahni Resident of Village- Station Road, PS- Nawada Nagar, District- Nawada, ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Man Mohan Kumar For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 18-06-2026 Heard the parties.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Rajouli P.S. Case No. 279 of 2021 registered for the offences punishable under Section 30 (a) of the Bihar Prohibition and Excise Act and Section 414 of the IPC.
3. The allegation against the petitioner is to be engage in illegal trading/manufacturing of illicit liquor, where, there is recovery of 32 litres of IMFL/country made liquor.
4. Learned counsel appearing on behalf of the petitioner submitted that recovery of illicit liquor was made from the motorcycle and not from the conscious physical possession of this petitioner. It is further submitted that petitioner implicated with the present case being registered owner of the motorcycle,
Patna High Court CR. MISC. No.39305 of 2026(2) dt.18-06-2026 2/2 which was used for carrying illicit liquor, who is a man of clean antecedent.
5. Learned APP, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above as recovery of illicit liquor prima-facie not appears to be made from the conscious physical possession of this petitioner, accordingly the petitioner above named, in the event of his arrest or surrender before the learned trial court within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Exclusive Spl. Court, Excise-2, Nawada/concerned trial court where the case is pending in connection with Rajouli P.S. Case No. 279 of 2021 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./ Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T