Patna High Court
Prince Kumar @ Prinsh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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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