Patna High Court

CR. MISC./59393/2026 of Abhay Sriwastava Vs The State of Bihar on 19 August 2026

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.59393 of 2026 Arising Out of PS. Case No.-203 Year-2026 Thana- BARAULI District- Gopalganj ====================================================== Abhay Sriwastava, male, aged about 40 years, S/o Late Shivji Prasad @ Shankar Sriwastava, R/o

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59393 of 2026

Arising Out of PS. Case No.-203 Year-2026 Thana- BARAULI District- Gopalganj ======================================================

Abhay Sriwastava, male, aged about 40 years, S/o Late Shivji Prasad @

Shankar Sriwastava, R/o Village - Bagheji, PS - Barauli, District - Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s

:

Mr. Shubhangi Pandey, Advocate

For the Opposite Party/s :

Mr. Mritunjay Kumar Nirala, APP

======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA

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ORAL ORDER

19-08-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Barauli PS Case No.203 of 2026 dated 13.06.2026, instituted under Sections 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022.

3. Allegation is of recovery of 106.92 litres foreign liquor the BOLERO vehicle bearing registration no. BR50P 0595.

4. Learned counsel for the petitioner submits that the petitioner has been made accused only on the basis of confessional statement of apprehended person, namely, Suren Kumar Yadav, who was apprehended at the spot. Further submission is that except the confessional statement, there is no Patna High Court CR. MISC. No.59393 of 2026(2) dt.19-08-2026

other material against the petitioner. The petitioner is neither the owner of the vehicle nor the driver as also the petitioner has no concern with the alleged illicit liquor. Lastly, it is submitted that the petitioner has clean antecedents.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge- XIII cum Special Excise Court No.1, Gopalganj, in Barauli PS Case No.203 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

7. The application stands allowed.

J. Alam/- (Khatim Reza, J) U

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