Patna High Court

Prince KumarversusThe State of Bihar

Decided: 9 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted to the petitioner subject to bond, sureties, verification of prior cases, and regular police station attendance.

Summary

Prince Kumar was arrested on 7 February 2026 for possession of 5.700 litres of illicit liquor, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he had no other excise cases and sought bail. The State opposed the bail, but the court considered the quantum of recovery and the petitioner’s lack of prior excise convictions. The court granted bail on a Rs.10,000 bond with two sureties, subject to verification of his claim of no other excise cases and a condition to appear at the police station every Sunday. The order was limited to the bail application and did not prejudice the trial’s merits.

Issues considered

Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act
Whether the petitioner’s claim of no prior excise cases warrants bail

Subjects

bail
excise
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
criminal procedure
surety
police attendance condition

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23300 of 2026
                         Arising Out of PS. Case No.-29 Year-2026 Thana- Excise P.S. District- Saran
                 ======================================================
                 Prince Kumar S/O Shailendra Singh @ Shialendra Kumar Singh R/O Village-
                 Gangoi, P.S.- Isuapur, Distt.- Saran at Chhapra.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :         Mr.Kumar Binode Bariar, Advocate
                 For the State             :         Mr.Dilip Kumar No. 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   09-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with Excise

                   Thana Sadar (Saran) P.S. Case No. 29 of 2026 registered for the

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

                   and Excise Act.

                                 3. As per the prosecution case, there is recovery of

                   5.700 litres of illicit liquor from the possession of the petitioner.

                                 4. It has been submitted by the learned counsel for the

                   petitioner that the petitioner is innocent and has falsely been

                   implicated in this case. The petitioner is in custody since

                   07.02.2026 and has one criminal antecedent but the petitioner

                   has no other criminal case under the Excise Act.

                                 5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.23300 of 2026(2) dt.09-04-2026
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          prayer for bail of the petitioner.

                       6. Considering the quantum of recovery, this

          application is allowed.

                       7. Let the petitioner, above named, 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 Exclusive Special Excise Court NO. 3, Saran at

          Chapra/concerned Court below in connection with Excise thana

          Sadar (Saran) P.S. Case No. 29 of 2026.

                       8. As the petitioner claims that no criminal case

          except the present one is registered against him under the Excise

          Act, the Court below, before accepting the bail bonds of the

          petitioner is directed to verify this fact before accepted the bail

          bonds of the petitioner. If the statement of the petitioner is found

          to be genuine, his bail bonds shall be accepted otherwise the bail

          bonds shall not be accepted.

                       9. As a condition of this order, the petitioner after

          being released on bail is directed to mark his attendance at

          Isuapur Police Station, District- Saran at Chhapra on every

          Sunday of the month. Any default in appearance at the police

          station will result in cancellation of bail bonds of the petitioner.

                       10. It is, however, clarified that the observations made
           Patna High Court CR. MISC. No.23300 of 2026(2) dt.09-04-2026
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                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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