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Patna High Court

Prem Kumar @ Prem Raj @ LalanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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//-

U          T


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