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Patna High Court

Prince Kumar @ Prinsh KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Prince Kumar, was arrested at the scene of a vehicle from which 214.200 liters of liquor were seized, alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed he was merely a passenger, not the owner or driver, and that no incriminating material was found in his possession. The petitioner also argued that the provisions of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, were not complied with. The State opposed bail, but the court considered the lack of direct evidence against the petitioner, his claim of innocence, and the period of custody already served. Consequently, the court granted bail on the condition of a Rs. 15,000 bond with two sureties.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • liquor seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12261 of 2026
                   Arising Out of PS. Case No.-23 Year-2026 Thana- MITHANPURA District- Muzaffarpur
                 ======================================================
                 Prince Kumar @ Prinsh Kumar S/O Raj Kapoor @ Raj Kapur R/O Basanti
                 Lane @ Vasant Colony, Diwan Road @ Divan Road, Ward @ Vard No.-24,
                 P.S- Town, District- Muzaffarpur, Bihar.
                                                                       ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Prabhat Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   23-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Mithanpura P.S. Case No. 23 of 2026, instituted for the offences

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

                   Excise Act.

                                3. The prosecution case, in short, is that total 214.200

                   liters liquor was recovered from car. Petitioner was arrested on

                   the spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
           Patna High Court CR. MISC. No.12261 of 2026(2) dt.23-02-2026
                                                       2/2




                     further submitted that the petitioner was neither owner nor

                     driver of the vehicle, rather he has taken lift in the said vehicle,

                     and he has no knowledge regarding nature of goods loaded on

                     the vehicle. The petitioner is in custody since 15.01.2026 and

                     has got one criminal antecedent. There is no compliance of

                     Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

                                  5. Learned APP for the State has vehemently opposed

                     the prayer for grant of bail to the petitioner.

                                  6. Considering the aforesaid facts and circumstances

                     of the case and the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                  7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with             Mithanpura P.S.

                     Case No. 23 of 2026.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T


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