Patna High Court
Prince Kumar @ Prasant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner.
Summary
The petitioner, Prince Kumar, feared arrest in a case involving 41.340 litres of illicit foreign liquor seized from a tempo, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was neither the owner nor the driver of the vehicle and that no incriminating article was found in his possession; his implication was based solely on a co-accused's confessional statement. The State opposed his request for anticipatory bail. The court, noting the nature of the accusation, the absence of any seized material from the petitioner, and his clean antecedents, granted anticipatory bail. The order directed that, if arrested within eight weeks, the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- clean antecedents
- confessional statement
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10389 of 2026
Arising Out of PS. Case No.-402 Year-2020 Thana- DIGHA District- Patna
======================================================
Prince Kumar @ Prasant Kumar S/O Sri Sunil Kumar Singh Resident of
village- Yadubanshi Nagar, Akhara Road, Dighaghat, P.S.- Digha, District-
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Vijay Kumar Sinha, Advocate
For the State : Mr. Damodar Prasad Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 41.340 litres illicit foreign
liquor was recovered from the seized tempo.
4. It is submitted by learned counsel for the petitioner
that petitioner is quite innocent and has committed no offence.
Petitioner is neither owner nor driver of the vehicles in question.
No incriminating article has been recovered from conscious
possession of this petitioner and has been made an accused in
this case merely on the basis of confessional statement of
Patna High Court CR. MISC. No.10389 of 2026(2) dt.09-04-2026
2/2
apprehended co-accused person. Petitioner claims clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the nature of accusation, fact that no
incriminating article has been recovered from conscious
possession of this petitioner and clean antecedents, the prayer
for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Special Judge Excise-II, Patna
in connection with Digha P.S. Case No. 402 of 2020, subject to
condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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