Patna High CourtCR. MISC./87326/2025bail granted

Abhinash Kumar v. The State Of Bihar

2025-12-18Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87326 of 2025 Arising Out of PS. Case No.-257 Year-2025 Thana- Excise P.S. District- Bhagalpur ====================================================== Abhinash Kumar S/o- Ajay Mandal Mohalla- Naya Tola, Meera Chak, Ward No. 03, P.S. Industrial Area, District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aswini Kumar, Adv Mr. Umang, Adv Ms. Priyanka Anand Bhagat, Adv For the Opposite Party/s :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-12-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Excise (Sadar) P.S. Case No. 257 of 2025, instituted for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that total 88 liters of country made liquor was recovered from Jute Sack. Petitioner was arrested on spot.

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

Patna High Court CR. MISC. No.87326 of 2025(2) dt.18-12-2025 2/2 the conscious possession of the petitioner. The petitioner has got no concern with the alleged recovery of liquor. Learned counsel for the petitioner submits that petitioner has no concern with alleged jute sack in question. The petitioner is in custody since 21.08.2025 and has got clean antecedent. There is no compliance of Section 103 of the Bharatiya Nagarik 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 Excise (Sadar) P.S. Case No. 257 of 2025.

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