Patna High Court
Biru KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied because the seriousness of the offence and the petitioner’s extensive criminal antecedents warranted continued custody.
Summary
The petitioner, Biru Kumar, was arrested in connection with the seizure of 500 litres of illicit liquor from his auto, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He has been in custody since 27 February 2026 and has eight prior criminal convictions of a similar nature. The petitioner applied for bail, arguing that he should be released pending trial. The Court considered the magnitude of the liquor recovery and the petitioner’s extensive criminal antecedents and concluded that these factors outweighed any presumption of innocence. Consequently, the bail application was dismissed, though the Court noted that the petitioner could re‑apply if the trial is unduly delayed.
Issues considered
- Whether bail should be granted to the petitioner under the circumstances of a large seizure of illicit liquor and multiple prior convictions.
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedents
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21579 of 2026
Arising Out of PS. Case No.-635 Year-2025 Thana- MALSALAMI District- Patna
======================================================
Biru Kumar S/o Hoti Rai Resident Of Village-Purvi Nandgola, P.S.-
Malsalami, District-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh, Advocate
For the State : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 06-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Malsalami P.S. Case No. 635 of 2025 registered for the offence
punishable under Sections 30(a) of the Bihar Prohibition and
Excise Act.
3. As per the prosecution case, 500 litres of illicit
liquor has been recovered from the Auto.
4. The petitioner is in custody since 27.02.2026
having eight criminal antecedent.
5. Considering the huge recovery and criminal
antecedents of similar nature, I am not inclined to grant bail to
the petitioner.
6. Accordingly, the application stands dismissed.
Patna High Court CR. MISC. No.21579 of 2026(2) dt.06-04-2026
2/2
7. If the trial is delayed by the prosecution, the
petitioner may renew his prayer for bail.
8. 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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