Patna High Court
CR. MISC./39123/2026 of Abhishek Raj Vs The State Of Bihar on 10 June 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.39123 of 2026 Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna ====================================================== Abhishek Raj S/o Raj Kumar Prasad R/o Village- Bihar Road, Hilsa P.S -Hilsa, Dist- Nalanda.
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39123 of 2026
Arising Out of PS. Case No.-2861 Year-2026 Thana- Excise P.S. District- Patna ======================================================
Abhishek Raj S/o Raj Kumar Prasad R/o Village- Bihar Road, Hilsa P.S
-Hilsa, Dist- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Jitendra Kumar, Advocate
For the Opposite Party/s :
Mrs. Gulnar Begum, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER
10-06-2026 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the offence punishable under Section 30(a), 41 and 56(b) of the Bihar Prohibition and Excise Act, 2016.
3. Perusal of the first information report and the seizure list would go to show that 190.080 liters of illicit liquor was recovered from a Maruti Eco Car and 48 liters of beer is said to have been recovered from a Maruti Swift Dezire car. So far as this petitioner is concerned, he is only related to recovery of 48 liters of beer.
4. It is submitted by learned counsel for the petitioner that there is no recovery from the conscious or physical possession of the petitioner. The petitioner is neither the owner Patna High Court CR. MISC. No.39123 of 2026(2) dt.10-06-2026
nor the driver of the said vehicle. The petitioner had taken a lift to come to Patna and he had no knowledge of keeping of the said liquor in the vehicle. There is violation of the mandatory provisions of the search and seizure as there is no independent witness to the seizure list. Petitioner has no criminal antecedent and has been languishing in custody since 07.05.2026.
5. Taking into consideration the fact and circumstances of the case and also considering the fact that there is non-compliance of mandatory provisions of search and seizure coupled with the fact that petitioner has no criminal antecedent, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Excise P.S. Case No. 2861 of 2026.
Trivedi/- (Soni Shrivastava, J) U T