Patna High Court

Prabhu KumarversusThe State of Bihar

Decided: 27 February 2026
Disposal: BAIL GRANTED
Bench: R P MISHRA

Holding

The Court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

Petitioner Prabhu Kumar was arrested in connection with a case under Sections 33 and 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting 700 litres of spirit in a Bolero vehicle. He contended that he was merely the registered owner of the vehicle, had no knowledge of the contraband, and that no incriminating material was found in his possession. The petitioner also highlighted his clean record and the alleged non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The State opposed bail, arguing the seriousness of the offence. After considering the custody period, lack of direct evidence, and the petitioner’s circumstances, the Court granted bail subject to a bond of Rs.15,000 with two sureties and conditions regarding appearance, non‑tampering with evidence, and non‑intimidation of witnesses.

Issues considered

Whether bail should be granted to the accused in offences under the Bihar Prohibition and Excise Act in the absence of direct incriminating material.
Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103

Subjects

bail
prohibition law
excise
criminal procedure
Section 103
vehicle ownership
evidence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.14755 of 2026
                       Arising Out of PS. Case No.-1 Year-2026 Thana- CHANDAUTI District- Gaya
                 ======================================================
                 Prabhu Kumar Son of Chetlal Saw R/o Village - Barhi Bengdi, P.S. - Barhi,
                 Dist. - Hazaribag(Jharkhand).
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Abhay Kumar Singh, Advocate
                 For the Opposite Party/s :      Mr.Sanjay Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   27-02-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with

                   Chandauti P.S. Case No. 01 of 2026, instituted for the offences

                   punishable under Sections 33 and 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. The prosecution case, in short, is that total 700

                   liters of spirit was recovered from Bolero vehicle.

                                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 spirit. The name of the

                   petitioner has transpired as being owner of the vehicle in
Patna High Court CR. MISC. No.14755 of 2026(2) dt.27-02-2026
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          question and he has no knowledge regarding the goods loaded

          on the vehicle. The petitioner is in custody since 26.01.2026

          and has got no 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, after framing

          of charge, if not already framed, 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 Chandauti P.S. Case No. 01 of 2026,

          subject to the following conditions:

                       (I) One of the bailors shall be the petitioner’s own or

          close member.

                       (II) The petitioner shall appear on each and every date

          fixed during the trial and shall not remain absent on two

          consecutive dates without sufficient cause.

                       (III) The petitioner shall not tamper with the

          prosecution evidence or influence/intimidate any witness during
           Patna High Court CR. MISC. No.14755 of 2026(2) dt.27-02-2026
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                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.



                                           (Rudra Prakash Mishra, J)
manish/-

U      T

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