Patna High Court
Prabhakar KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Petitioner Prabhakar Kumar was arrested on 4 February 2026 in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act after 63 litres of country‑made liquor were seized from a vehicle. He contended that he had no conscious possession of the liquor, was not the owner of the vehicle, and had a clean antecedent, asserting that he was falsely implicated. The State opposed bail, while the petitioner’s counsel argued for release. The Court examined the facts, noted the absence of possession by the petitioner, and considered his clean record. It ordered that bail be granted on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, appearance, non‑tampering with evidence or witnesses, and verification of antecedents. The bail order was issued without delay for antecedent verification.
Issues considered
- Whether bail should be granted when the accused is not in conscious possession of the seized liquor.
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition & Excise Act warrants denial of bail.
- Whether the petitioner’s clean antecedent and claim of false implication justify bail.
Legislation cited
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- criminal procedure
- Bihar
- Section 30(a)
- non‑ownership
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22671 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- BARUN District- Aurangabad
======================================================
Prabhakar Kumar Son of Late Uma Shankar Seth Resident of Village- Dehri-
On-Sone, P.S.- Dalmianagar, District- Rohtas at Sasaram
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the State : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-04-2026 Heard Mr. Binod Kumar Pandey, learned counsel
for the petitioner and Mr. Braj Kishore Pd., learned APP for the
State.
2. Petitioner seeks bail, who is in custody since
04.02.2026, in connection with Barun P.S. Case No. 60 of 2026,
F.I.R. dated 04.02.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 63litres of country made liquor.
4. Learned counsel for the petitioner submits that the
petitioner has clean antecedent and he has been falsely
implicated in the present case. It appears from the F.I.R. as well
as seizure list that altogether 63 litres of country made liquor
was recovered from the car in question which suggests that
nothing has been recovered from the conscious possession of
Patna High Court CR. MISC. No.22671 of 2026(2) dt.07-04-2026
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the petitioner and petitioner is not the owner of the vehicle in
question. He further submits it appears from the seizure list that
the seizure list witnesses are police personnel and the petitioner
is in custody since 04.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the
petitioner.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner, let the petitioner, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to the
satisfaction of learned A.D.J. cum- Exclusive Special Court
No. 01, Aurangabad in connection with Barun P.S. Case No. 60
of 2026, subject to the following conditions :-
(1) 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
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move
Patna High Court CR. MISC. No.22671 of 2026(2) dt.07-04-2026
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for cancellation of bail.
(3) 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 antecedents, 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)
Ibrar//-
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