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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

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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