Patna High Court
Jaiprakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with specified conditions.
Summary
The petitioner, Jaiprakash Kumar, was arrested on 17 February 2026 in connection with a case involving the seizure of 150 litres of country-made liquor under Sections 30(a), 32 and 41(i) of the Bihar Prohibition and Excise Act, 2018. He applied for bail, claiming innocence, arguing that the liquor was recovered from a motorcycle and not from his personal possession, and that the investigation failed to comply with Section 100 of the Criminal Procedure Code. The prosecution opposed bail, citing three prior criminal convictions of a similar nature, but noted that the petitioner was already on bail for a related matter. The court examined the nature of the evidence, the alleged procedural lapse, and the petitioner’s criminal antecedents, and concluded that bail could be granted with strict conditions. Accordingly, the court ordered release on a bail bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence, and verification of antecedents. The bail bond was to be accepted without delay pending verification.
Issues considered
- Whether bail should be granted to the accused under the Bihar Prohibition and Excise Act, 2018.
- Whether the alleged non‑compliance with Section 100 of the Criminal Procedure Code warrants denial of bail.
- Whether the petitioner’s prior criminal antecedents justify refusal of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 100
Subjects
- bail
- Bihar Prohibition and Excise Act
- illegal liquor
- criminal antecedent
- Section 100 Cr.P.C.
- suspicion
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20386 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- ADAPUR District- East Champaran
======================================================
Jaiprakash Kumar S/o Ganesh Prasad Resident of Village- Chhapra Bahas,
P.S.- Sugauli, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Tripti Singh, Advocate
: Mr. Vishal Prasad, Advocate
For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 26-03-2026 Heard Ms. Tripti Singh, learned counsel for the
petitioner and Mr. Nawal Kishore Prasad, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
17.02.2026 in connection with Adapur P.S. Case No. 60 of 2026,
F.I.R. dated 16.02.2026 for the offences punishable under
Section 30(a), 32, 41(i) of the Bihar Prohibition and Excise Act,
2018.
3. Recovery is of 150 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent and he has falsely been 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
Patna High Court CR. MISC. No.20386 of 2026(2) dt.26-03-2026
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conscious possession of the petitioner rather the recovery has
been made from motorcycle in question and the petitioner has
been made accused merely on the basis of suspicion. He further
submits that there is non-compliance of Section 100 of
Cr.P.C/103 of BNSS and the petitioner is in custody since
17.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries three criminal antecedents other
than the present one of similar nature but fairly submits on the
basis of paragraph-3 of the bail application that the petitioner is
on bail in the said matter.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Excise Court No-02, East Champaran, Motihari in
connection with Adapur P.S. Case No. 60 of 2026, subject to the
following conditions:-
i. 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
Patna High Court CR. MISC. No.20386 of 2026(2) dt.26-03-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. 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 antecedent, 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)
Suruchi/-
U T
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