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Patna High Court

PREM KUMARversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to the stipulated bond and sureties.

Summary

The petitioner, Prem Kumar, was arrested in connection with the recovery of 681.120 litres of foreign liquor from a tractor trolley, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no conscious possession of the liquor, was not the owner of the vehicle, and that the seizure list was not prepared as required by Section 103 of the B.N.S.S. The State opposed his bail application. After hearing both sides, the court considered the lack of criminal antecedent, the fact that the charge‑sheet had been filed, and the petitioner's claim of false implication. The court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties of equal amount, subject to the satisfaction of the Exclusive Excise Special Court No. 2, Buxar.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of the case
  • Whether the seizure of the liquor complied with the procedural requirements of Section 103 of the B.N.S.S.
  • Whether the petitioner had conscious possession or ownership of the seized liquor

Legislation cited

Subjects

  • bail
  • excise
  • prohibition act
  • Section 30(a)
  • Section 103
  • seizure
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11462 of 2026
                        Arising Out of PS. Case No.-19 Year-2026 Thana- Excise P.S. District- Buxar
                 ======================================================
                 PREM KUMAR, Son of Nagendra Kumar @ Nagendra Prasad, Resident of
                 Village and P.S.- Koransarai, Ward No.- 09, District - Buxar

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Abhishek Kumar, Adv.
                 For the Opposite Party/s :         Mr. Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   17-02-2026                      Heard learned counsel for the petitioner and

                   learned A.P.P for the State.

                                2. The petitioner seeks bail in connection with

                   Excise Buxar P.S. Case No. 19 of 2026 dated 15.01.2026

                   registered for the offence punishable under Section 30(a) of

                   the Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 681.120 litres

                   foreign liquor from trolley attached to the tractor being

                   driven by the petitioner.

                                4. Learned counsel for the petitioner submits that

                   the petitioner is innocent and has been falsely implicated in

                   this case. It is submitted that nothing has been recovered

                   from the conscious possession of the petitioner. It is further
            Patna High Court CR. MISC. No.11462 of 2026(2) dt.17-02-2026
                                                        2/2




                      submitted that the petitioner has no connection with the

                      recovery of the seized liquor. It is also submitted that the

                      petitioner is not the owner of the said seized vehicle.

                      Further, it is submitted that the seizure list has not been

                      prepared in accordance with the law under Section 103 of

                      the B.N.S.S.. The petitioner is in custody since 16.01.2026,

                      having no criminal antecedent and charge-sheet has been

                      submitted in the case.

                                   5. Learned A.P.P for the State opposes the prayer

                      for bail of the petitioner.

                                   6. Having considered the facts and circumstances

                      of the case and submissions of learned counsel for the

                      parties, let 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

                      Exclusive Excise Special Court No. 2, Buxar in connection

                      with Excise Buxar P.S. Case No. 19 of 2026.



                                                   (Khatim Reza, J)
prabhat/-

U       T


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