Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court held that bail should be granted to the petitioners subject to specified conditions.
Summary
The petitioners, Prince Kumar and Anil Kumar, were arrested in connection with the recovery of 121.560 liters of foreign liquor from a vehicle, alleged to be offences under Sections 30(a), 32(1)(3) and 41(1)(2) of the Bihar Prohibition and Excise Act. They claimed innocence, stating they were merely the driver and co‑driver and had no knowledge of the illicit liquor, and argued that no incriminating material was found in their possession. The State opposed bail, while the petitioners highlighted their custody since 20‑01‑2026, prior criminal antecedents, and alleged non‑compliance with Section 103 of the BNSS, 2023. The Court, considering the facts, the period of custody, and the lack of direct evidence, decided to grant bail to both petitioners subject to monetary and surety conditions and attendance requirements. The order directed the release of Prince Kumar after charge framing and Anil Kumar upon furnishing bail bonds of Rs.15,000 each with two sureties.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act for alleged possession of illicit liquor
- Whether the non‑compliance of Section 103 of the BNSS, 2023, and the petitioners' prior criminal antecedents preclude bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(1)(3), 41(1)(2)
- BNSS, 2023 — s. 103
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- criminal procedure
- antecedents
- conditions of bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11989 of 2026
Arising Out of PS. Case No.-35 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
1. Prince Kumar S/o Satyendra Singh Resident of Village - Dangarha, P.S -
Mejarganj, District - Sitamarhi
2. Anil Kumar S/o Bachhe Lal Sahni Resident of Village - Piprahi Sultanpur,
P.S - Barginiya, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aquaib Khan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 23-02-2026 Heard learned counsel for the petitioners and learned APP
for the State.
2. The petitioners seek bail in connection with
Bhabhua Excise PS Case No. 35 of 2026 instituted for the
offences under Sections 30(a), 32(1)(3) & 41(1)(2) of the Bihar
Prohibition and Excise Act.
3. The prosecution case, in short, is that 121.560 liters
foreign liquor was recovered from car.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioners. The petitioners have
Patna High Court CR. MISC. No.11989 of 2026(2) dt.23-02-2026
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got no concern with the alleged recovery of liquor. It is
submitted that names of the petitioners have surfaced in this
case as being driver and co-driver of the vehicle in question,
respectively and they were oblivious of the fact that illicit liquor
was laden in the vehicle. The petitioners are in custody since
20.01.2026 and petitioner No.1 bears two criminal antecedents,
whereas petitioner No.2 bears one criminal antecedent. There is
no compliance of Section 103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioners.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioners, this Court is inclined to grant bail to the petitioners.
7. Let the petitioner No.1, namely, Prince Kumar be
released on bail, after framing of charge, if not already framed
and petitioner No.2, namely, Anil Kumar be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) each
with two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Bhabhua
Excise PS Case No. 35 of 2026, subject to the following
conditions:
(I) One of the bailors shall be own/close member of the
Patna High Court CR. MISC. No.11989 of 2026(2) dt.23-02-2026
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family of the petitioner No. 1.
(II) The petitioner No.1 shall appear on each and every
date fixed at the trial. In case of default in such appearance on
two consecutive dates, the Trial Court will have liberty to cancel
the bail bonds of the petitioner No. 1.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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