Patna High Court
Prem Kumar @ Prem Raj @ LalanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail must be granted as no material was recovered from the petitioner's conscious possession, subject to standard bail conditions.
Summary
Prem Kumar was arrested on 7 February 2026 in connection with a case involving the alleged illegal possession of 800 litres of country-made liquor, alleged under Section 30(a) of the Bihar Prohibition & Excise Act, 2022. The petitioner contended that the liquor was recovered from a motorcycle and not from his conscious possession, asserting that he was neither the owner nor the driver and was falsely implicated. The State opposed bail, highlighting the volume of liquor seized and a similar pending case against the petitioner. The court, noting the absence of any seizure from the petitioner's possession, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, appearance, and non‑tampering with evidence. The bail order also directed verification of the petitioner's criminal antecedents without delaying the release.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition & Excise Act, 2022 when no liquor was recovered from his conscious possession.
- Whether the existence of a similar pending case and alleged prior criminal antecedents justify denial of bail.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- Section 30(a)
- Bihar
- criminal procedure
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18463 of 2026
Arising Out of PS. Case No.-502 Year-2025 Thana- KAUWAKOL District- Nawada
======================================================
Prem Kumar @ Prem Raj @ Lalan Son of Dashrath Yadav Resident Of
Village- Telhata Dhamni, P. S. -Kawakol, District -Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sheo Nandan Prasad, Advocate
For the State : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 24-03-2026 Heard Mr. Sheo Nandan Prasad, learned counsel for
the petitioner and Mr. Pradeep Narain Kumar, learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
07.02.2026, in connection with Kawakol P.S. Case No. 502 of
2025, F.I.R. dated 14.12.2025 registered for the offences
punishable under Sections 30(a) of the Bihar Prohibition & Excise
Act, 2022.
3. Recovery is of 800 litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R. as
well as seizure list that nothing has been recovered from the
conscious possession of the petitioner rather recovery has been
Patna High Court CR. MISC. No.18463 of 2026(2) dt.24-03-2026
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made from the motorcycle in question and the petitioner has been
made accused in the light of torch. As per allegation, the
petitioner and other co-accused person have escaped from the
place of occurrence. Learned counsel for the petitioner further
submits that in fact the petitioner was not present at the place of
occurrence and merely on the basis of suspicion the petitioner has
been made accused in the present case and recovery has been
made from Manpur forest. He further submits that the petitioner is
neither the owner nor the driver of the vehicle in question and
petitioner has no concern at all with the alleged recovery of illicit
liquor and the petitioner is in custody since 07.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that altogether 800 litres of country made liquor was
recovered from the place of occurrence and the petitioner carries
one more case of similar nature other than the present one but
fairly submits on the basis of paragraph-3 of the bail petition that
the petitioner is on bail in the pending matter.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, 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
Patna High Court CR. MISC. No.18463 of 2026(2) dt.24-03-2026
3/3
satisfaction of learned Exclusive Special Excise Court No. 02,
Nawada in connection with Kawakol P.S. Case No. 502 of 2025,
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 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//-
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