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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted bail to the petitioner subject to a cash bond, sureties, verification of clean antecedent, a charitable donation, and mandatory weekly police‑station attendance.

Summary

The Patna High Court considered a bail application filed by Prince Kumar, who was arrested for the seizure of 105 litres of illicit foreign liquor from an auto, an offence alleged under section 30(a) of the Bihar Prohibition & Excise Act. The petitioner asserted his innocence, claimed no prior criminal record, and had been in custody since 13 February 2026. He offered to donate Rs 25,000 to a charitable organization and sought regular bail. The State opposed the bail. After evaluating the facts and submissions, the Court allowed the bail, directing a bond of Rs 10,000 with two sureties, verification of a clean antecedent, deposit of the donation, and weekly attendance at the police station, with default leading to cancellation of bail.

Issues considered

  • Whether regular bail should be granted to the accused under section 30(a) of the Bihar Prohibition & Excise Act given the facts of the case
  • Whether the conditions imposed by the Court for bail are lawful and appropriate

Subjects

  • bail
  • Bihar Prohibition & Excise Act
  • section 30(a)
  • illicit liquor
  • criminal antecedent
  • charitable donation
  • police attendance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.22144 of 2026
                    Arising Out of PS. Case No.-14 Year-2026 Thana- GALGALIYA District- Kishanganj
                 ======================================================
                 Prince Kumar S/o- Krishna Mohan Singh R/v- Charapatti W.No-4, Nayanagar
                 Ps- Udakishunganj Dist- Madhepura

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bhola Prasad
                 For the Opposite Party/s :       Mr.Dr. Kumar Uday Pratap
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   08-04-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Galgalia P.S. Case No. 14 of 2026 registered for the offence

                   under section 30(a) of the Bihar Prohibition & Excise Act.

                                3. The recovery is of 105 litres of illicit foreign liquor

                   from an auto.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has no criminal antecedent. He further

                   submits that the petitioner is in custody since 13.02.2026

                   without any fault.

                                5. Learned counsel for the petitioner also 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.22144 of 2026(2) dt.08-04-2026
                                            2/3




                        6. Learned APP appearing for the State opposes the

          prayer of the petitioner for grant of bail.

                       7. Considering the facts and circumstances of the case

          as well as the submissions of learned counsel for the petitioner,

          this application is allowed.

                       8. Let the petitioner, above named, be released on bail

          upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

          Thousand Only) with two sureties of the like amount each to the

          satisfaction of learned Exclusive Special Judge (Excise-I),

          Kishanganj/ concerned Court below, in connection with

          Galgalia P.S. Case No. 14 of 2026.

                       9. At the time of accepting the bail bonds of the

          petitioner, the Court below shall verify the statement of the

          petitioner that he has clean antecedent. The bail bonds of the

          petitioner shall only be accepted if it is found that he has clean

          antecedent.

                       10. This is also subject to the condition that the

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

          Ramakrishna Math, Bhatta Bazar, Purnea, 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.
              Patna High Court CR. MISC. No.22144 of 2026(2) dt.08-04-2026
                                                          3/3




                                     11. As a condition of this order, the petitioner after

                        being released on bail, is directed to mark his attendance at

                        Udakishunganj Police Station, District- Madhepura on every

                        Sunday of the month. Any default in appearance at the Police

                        Station will result in cancellation of bail bonds of the petitioner.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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