Created by Fuzzy Cloud

Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Prince Kumar was arrested on 10 January 2026 in connection with a special excise case involving the alleged recovery of 97.650 litres of Indian-made foreign liquor from a train trolley. The petitioner claimed he had no conscious possession of the liquor and was implicated solely on suspicion, also alleging non‑compliance of Sections 103 and 105 of the BNSS, 2023 during the seizure. The State opposed bail, while the petitioner’s counsel highlighted his clean antecedent. The court examined the lack of direct possession and procedural lapses and decided to grant bail on a Rs.10,000 bond with two sureties, imposing conditions of cooperation, appearance, and non‑tampering with evidence. The order also directed verification of the petitioner’s criminal antecedents without delaying bail.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition & Excise Act given the circumstances of the seizure.
  • Whether the alleged non‑compliance of Sections 103 and 105 of the BNSS, 2023 warrants denial of bail.

Legislation cited

Subjects

  • bail
  • excise law
  • liquor seizure
  • Section 30(a)
  • BNSS 2023
  • non‑possession
  • procedural compliance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16835 of 2026
                    Arising Out of PS. Case No.-6 Year-2026 Thana- DANAPUR RAIL P.S. District- Patna
                 ======================================================
                 Prince Kumar Son of Ravindra Sharma @ Ravindra Thakur R/o Village -
                 Islampur Bus Stand, P.S. - Islampur, Dist. - Nalanda.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :       Mr. Aryan Singh, Advocate
                 For the State             :       Ms. Surabhi Nirmal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   17-03-2026                          Heard Mr. Aryan Singh, learned counsel for the

                   petitioner and Ms. Surabhi Nirmal, learned APP for the State.

                                 2. Petitioner seeks bail, who is in custody since

                   10.01.2026, in connection with Special Excise Case No. 95 of

                   2026 arising out of Danapur Rail P..S. Case No. 06 of 2026,

                   F.I.R. dated 09.01.2026 registered for the offences punishable

                   under Sections 30(a) of the Bihar Prohibition & Excise Act.

                                 3. Recovery is of 97.650 litres of Indian made foreign

                   liquor.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has clean antecedent and he has been falsely

                   implicated in the present case.               She further submits that it

                   appears from the F.I.R. that nothing has been recovered from the

                   conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026
                                            2/3




          made from the train in question and the petitioner has been

          made accused on the basis of suspicion and altogether 97.650

          litres of Indian made foreign liquor was recovered from the

          trolly and bag in question. She further submits that there is non-

          compliance of Sections 103 and 105 of BNSS, 2023 and the

          police personnel are the seizure list witnesses and the petitioner

          is in custody since 10.01.2026.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for               bail of the

          petitioner.

                        6. Considering the facts and circumstances of the case

          and the fact that there is non-compliance of Sections 103 and

          105 of the BNSS, 2023, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Rupees

          Ten Thousand) with two sureties of the like amount each to the

          satisfaction of learned Special Excise Judge, Danapur, Patna in

          connection with Special Excise Case No. 95 of 2026 arising out

          of Danapur Rail P..S. Case No. 06 of 2026, subject to the

          following conditions :-

                        (1) Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court

          and shall remain physically present as directed by the Court and
               Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026
                                                           3/3




                         on his absence on two consecutive dates without sufficient

                         reason, his bail bond shall be cancelled by the Court below.

                                      (2) If the petitioner tampers with the evidence or the

                         witness, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (3) And, further condition that the court below shall

                         verify the criminal antecedent of the petitioner and in case at

                         any stage, it is found that the petitioner has concealed his

                         criminal antecedents, the court below shall take step for

                         cancellation of bail bond of the petitioner.             However, the

                         acceptance of bail bonds in terms of the above-mentioned order

                         shall not be delayed for purpose of or in the name of

                         verification.



                                                                       (Rajesh Kumar Verma, J)
Ibrar//-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.