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Patna High Court

Prabhakar KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                           3/3




                         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//-

U          T


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