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Patna High Court

Punam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, directing him to furnish a bail bond of Rs.10,000 with two sureties.

Summary

Petitioner Punam Kumar was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after 200 litres of liquor were recovered from a vehicle. He contended that he was falsely implicated, asserting that he was neither the owner nor the driver of the vehicle and had no involvement with the seized liquor. The prosecution opposed his application for regular bail. After hearing both sides, the court noted that the petitioner had been in custody since 27 January 2026 and was not the vehicle's owner or driver. Consequently, the court ordered that he be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court, No.4, Gaya.

Issues considered

  • Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite being in custody since 27‑01‑2026.
  • Whether the petitioner’s claim of not being the owner or driver of the vehicle from which liquor was seized negates the necessity for continued detention.

Legislation cited

Subjects

  • regular bail
  • Bihar Prohibition and Excise Act
  • section 30(a)
  • liquor seizure
  • false implication
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17595 of 2026
                        Arising Out of PS. Case No.-61 Year-2026 Thana- FATEHPUR District- Gaya
                 ======================================================
                 Punam Kumar Son of Maheshwar Yadav R/o Village - Bagai, P.S. - Gurpa,
                 Dist. - Gaya ji.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Onkar Nath, Advocate
                                                  Mr. Mukesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Asha Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   25-03-2026                   1. Heard learned counsel for the parties.

                                 2. The petitioner has preferred this application for

                   grant of regular bail in connection with Fatehpur P.S. Case

                   no.61 of 2026 registered under section 30(a) of the Bihar

                   Prohibition and Excise Act, 2016.

                                 3. As per the prosecution case, 200 litres of liquor was

                   recovered from the vehicle in question and the petitioner was

                   taken into custody.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner has been falsely implicated in the case because of his

                   antecedent. He has no concern with the co-accused nor with the

                   seized article or the vehicle from which the alleged recovery is

                   said to have taken place. Referring to the statement made in
             Patna High Court CR. MISC. No.17595 of 2026(2) dt.25-03-2026
                                                         2/2




                       paragraph no.11 of the petition, it is submitted that the petitioner

                       is neither the owner nor the driver of the vehicle in question. He

                       is in custody since 27.1.2026 and undertakes to cooperate in the

                       investigation/trial.

                                    5. The application for bail is opposed by learned A.P.P

                       for the State.

                                    6. Having heard learned counsel for the parties and

                       taking into consideration the allegations in the FIR, the

                       petitioner having remained in custody since 27.1.2026 and

                       especially the petitioner neither being the driver nor the owner

                       of the vehicle in question from which the alleged recovery is

                       said to have taken place, the petitioner is directed to be enlarged

                       on bail in connection with Fatehpur P.S. Case no.61 of 2026 on

                       furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)

                       with two sureties of the like amount each to the satisfaction of

                       the learned Exclusive Special Excise Court no.4, Gaya.



                                                   (Partha Sarthy, J)
Shiv/-

U        T


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