Patna High Court
Prince Kumar @ Rahul 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 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
- B.N.S.S., 2023 — s. 103
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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