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Patna High Court

Prince Kumar @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner.

Summary

The petitioner, Prince Kumar, was arrested in Athmalgola for alleged possession of 86 litres of liquor recovered from three yellow plastic sacs, under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he had no knowledge of the liquor, no incriminating material was found on him, and he had no prior criminal record. The prosecution opposed bail, while the petitioner highlighted the open nature of the recovery site and the lack of compliance with Section 103 of the B.N.S.S., 2023. The court noted the petitioner’s clean antecedent, the duration of his custody since 26‑12‑2025, and the fact that a co‑accused had already been granted bail. Consequently, the court ordered his release on bail with a bond of Rs.15,000 and two sureties of equal amount.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • liquor possession
  • criminal procedure
  • Bihar Prohibition and Excise Act
  • Section 30(a)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12773 of 2026
                     Arising Out of PS. Case No.-463 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Prince Kumar @ Rahul Kumar S/o Dilip Singh R/o Daulatpur, P.S.-
                 Athmalgola, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :      Mr.Rajesh Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   25-02-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                               2. The petitioner seeks bail in Athmalgola P.S. case

                   No. 463 of 2025 instituted for the offences under Section 30(a)

                   of the Bihar Prohibition and Excise Act.

                               3. The prosecution case, in short, is that 86 liters liquor

                   was recovered from three yellow plastic sac and the petitioner

                   was arrested on 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. It is
           Patna High Court CR. MISC. No.12773 of 2026(2) dt.25-02-2026
                                                       2/2




                     further submitted that recovery has been made from an open

                     place accessible to public at large. The petitioner is in custody

                     since 26.12.2025 and has got no criminal antecedent. There is

                     no compliance of Section 103 of B.N.S.S., 2023. Co-accused

                     has been granted bail by                 this Bench vide order dated

                     10.02.2026 passed in Cr. Misc. No. 8251 of 2026.

                                 5. Learned A.P.P. 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, clean antecedent                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/- (Fifteen thousand) with two sureties

                     of the like amount each to the satisfaction of Court

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

                     case No. 463 of 2025.



                                           (Rudra Prakash Mishra, J)
Pankaj/-

U      T


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