Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82668 of 2025 Arising Out of PS. Case No.-1270 Year-2025 Thana- Excise P.S. District- Patna ====================================================== Abhishek Kumar S/o- Late Shambhu Rai Village- Digha Hat Akhara Gali PSDigha Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Shekhar Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-12-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Patna Excise P.S. Case No. 1270 of 2025 instituted for the offences punishable under Sections 30(a), 56(b) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 340 litres of liquor was recovered from two CNG tempos.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No incriminating article has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that petitioner is not the owner of the vehicle. It is further
Patna High Court CR. MISC. No.82668 of 2025(2) dt.03-12-2025 2/2 submitted that petitioner is the driver of one of the auto which he runs as taxi and he had no knowledge regarding the goods loaded in that vehicle. The petitioner is in custody since 08.08.2025 and 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 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 Patna Excise P.S. Case No. 1270 of 2025.
(Rudra Prakash Mishra, J) Alok Verma/- U T