Patna High Court

Prince KumarversusThe State of Bihar

Decided: 2 April 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Bail is granted subject to a Rs 10,000 bond with two sureties, a Rs 25,000 donation to Ramakrishna Math, and verification of the petitioner’s antecedent.

Summary

Prince Kumar was arrested on 29 January 2026 in connection with the recovery of 194.7 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, a clean antecedent, and offering to donate Rs 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The High Court, after considering the facts and submissions, granted bail on the condition that the petitioner furnish a bail bond of Rs 10,000 with two sureties of the same amount, deposit Rs 25,000 with Ramakrishna Math, and produce the receipt. The court also directed verification of the petitioner’s antecedent before accepting the bail bonds. The order is limited to the bail application and does not prejudice the merits of the trial.

Issues considered

Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering his custody, antecedent and willingness to make a charitable donation.

Subjects

bail
illicit liquor
Bihar Prohibition and Excise Act
criminal procedure
surety
charitable donation
antecedent verification

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.21124 of 2026
                     Arising Out of PS. Case No.-22 Year-2026 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Prince Kumar S/o Arunjay Paswan R/o Village- Prajpur @ Birajpur, PS-
                 Kutumba, District- Aurangabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Krishna Prasad Singh, Sr. Advocate
                                                 Mr.Rakesh Singh, Advocate
                 For the State            :      Mr.Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   02-04-2026                    Heard learned Senior Counsel for the petitioner and

                   learned APP for the State.

                                  2. The petitioner seeks bail in connection with

                   Kutumba P.S. Case No. 22 of 2026 registered for the offence

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act.

                                  3. The recovery is of 194.7 liters of illicit liquor.

                                   4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and he is in custody since 29.01.2026

                   having clean antecedent.

                                   5. Learned counsel for the petitioner submits that the

                   petitioner is ready to donate Rs. 25,000/- in some charitable

                   organization without accepting his guilt.
Patna High Court CR. MISC. No.21124 of 2026(2) dt.02-04-2026
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                        6. Learned APP appearing for the State opposes the

          prayer for bail of the petitioner.

                        7. Considering the facts and circumstances of the

          case and submissions of learned counsel for the petitioner, let

          the petitioner, above named, be released on bail upon furnishing

          bail bonds of Rs.10,000/- (ten thousand) with two sureties of the

          like amount each to the satisfaction of the learned District &

          Additional Sessions Judge-cum-Exclusive Special Judge, Excise

          Court No. 1, Aurangabad / concerned Court below in connection

          with Kutumba P.S. Case No. 22 of 2026.

                       8. This is also subject to the condition that the

          petitioner shall deposit an amount of Rs. 25,000/- in

          Ramakrishna Math, Village Jharha (near Matua Pahar), P.O.

          Gurua, Dist. Gayaji, Bihar and produce the receipt of the same

          before the Court below. The bail bonds of the petitioner shall be

          accepted after verifying the genuineness of the receipt produced

          by the petitioner.

                       9. As the petitioner claims to have clean antecedent,

          the Court below, before accepting the bail bonds of the

          petitioner is directed to verify the antecedent of the petitioner. If

          the petitioner is found to be involved in any other case then the

          bail bonds of the petitioner shall not be accepted.
           Patna High Court CR. MISC. No.21124 of 2026(2) dt.02-04-2026
                                                       3/3




                                  10. It is, however, clarified that the observations made

                     herein are limited to the adjudication of the present bail

                     application and shall not prejudice the case of the petitioner at

                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T

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