Patna High Court
Laxman KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSUL
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Laxman Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after 259.2 litres of foreign liquor were recovered from a tempo. He claimed he was innocent, not the owner of the tempo, and that no incriminating articles were found on him, emphasizing his clean antecedents and custody since 6 January 2026. The State opposed his bail application. The Patna High Court, after considering the facts, the period of custody, and the circumstances, allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount. The court clarified that its observations were prima facie and limited to the bail application, not affecting the merits of the trial.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances, including custody duration and lack of incriminating evidence, justify release on bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition and excise
- foreign liquor
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18073 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- DIGHA District- Patna
======================================================
Laxman Kumar Son of Ramjatan Singh R/o Village - Kala Diyara, P.S. -
Salimpur, Dist. - Patna.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushpendra Kumar Singh, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANSUL
ORAL ORDER
4 27-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Digha P.S. Case No. 16 of 2026, registered under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. There is recovery of 259.2 litres of foreign liquor
from the tempo.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner is not the owner of the said tempo. No
incriminating article has been recovered from the tempo. The
petitioner has clean antecedent and he is in custody since
06.01.2026.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.18073 of 2026(4) dt.27-05-2026
2/2
the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case
and period of custody, this application is allowed.
7. Accordingly, let the petitioner above named, be
released on bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand Only) with two sureties of the like
amount each to the satisfaction of learned court of Special Court
Excise No. 2, Patna /concerned court below in connection with
Digha P.S. Case No. 16 of 2026.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Ansul, J)
Ranjeet/-
U T
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