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Patna High Court

Biru KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

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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