Patna High CourtCR. MISC./666/2026bail granted

Abhishek Kumar v. The State Of Bihar

2026-01-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.666 of 2026 Arising Out of PS. Case No.-490 Year-2025 Thana- Excise P.S. District- Rohtas ====================================================== Abhishek Kumar S/O Umesh Ram R/O Village- Patanawa, Ward no. 11, P.S.- Indrapuri, Dist.- Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Excise Case No. 1720 of 2025, arising out of Excise P.S. case No. 490 of 2025 instituted for the offences under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 50 liters liquor was recovered from plastic sac and the 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 the conscious possession of the petitioner. The petitioner

Patna High Court CR. MISC. No.666 of 2026(2) dt.19-01-2026 2/2 has got no concern with the alleged recovery of liquor. It is further submitted that recovery has been made from an open place accessible to public at large. The petitioner is not indulged in sale and purchase of liquor. The petitioner is in custody since 20.11.2025 and has got no criminal antecedent. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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, clean antecedent 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Excise Case No. 1720 of 2025, arising out of Excise P.S. case No. 490 of 2025. (Rudra Prakash Mishra, J) Pankaj/- U T