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Patna High Court

Jai KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner upon furnishing a cash bond of Rs.5,000 and two sureties of equal amount.

Summary

The petitioner, Jai Kumar, was arrested on 10-12-2025 for allegedly possessing 40 litres of liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He pleaded that he has a clean antecedent and was falsely implicated after an accused discarded liquor on the road, leading to his apprehension. The State opposed his regular bail application. The court, after considering the petitioner's clean record and the circumstances of the alleged incident, ordered his release on bail. Bail was conditioned on a cash bond of Rs.5,000 and two sureties of the same amount, to be approved by the trial court.

Issues considered

  • Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the facts of alleged possession of 40 litres of liquor.
  • Whether the petitioner’s claim of false implication and clean antecedent warrant regular bail.

Subjects

  • bail
  • prohibition law
  • excise
  • false implication
  • clean antecedent
  • liquor possession

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12631 of 2026
                     Arising Out of PS. Case No.-821 Year-2025 Thana- MADHAURAH District- Saran
                 ======================================================
                 Jai Kumar S/O Lalbadan Mahto R/O Village- Tehati, Bind Toli, P.S-
                 Marhowrah, Distt- Saran at Chapra.
                                                                    ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Kumar Yadav, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   16-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is in custody

                   since 10.12.2025 and allegation is of recovery of 40 litres of

                   liquor from possessoin of the petitioner.

                                4. Learned counsel for the petitioner submits that

                   petitioner has been falsely implicated in the instant case by the

                   informant. It is further submitted that an accused had thrown the

                   liquor on the road and the petitioner, who was passing, was

                   apprehended and was made an acused in the instant case, when

                   he is a person with clean antecedent.
           Patna High Court CR. MISC. No.12631 of 2026(2) dt.16-04-2026
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                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Marhowrah P.S. Case No. 821 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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