Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted on a bond of Rs 10,000 with two sureties, subject to conditions.
Summary
The petitioner, Prince Kumar, was arrested on 2 March 2026 in connection with FIR dated 1 March 2026 for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 involving the seizure of 57 litres of Nepali liquor from a motorcycle. The petitioner contended that the liquor was not recovered from his conscious possession and that the investigating authorities had failed to comply with Sections 103 and 105 of the BNSS, 2023. The State opposed bail, noting that the petitioner had another pending case, though he was already on bail in that matter. The Court examined the facts, the procedural lapses alleged, and the petitioner’s criminal antecedent, and decided to grant bail subject to a bond of Rs 10,000 with two sureties and several conditions. The order directed the petitioner to cooperate with the trial, appear before the court, and warned that tampering with evidence or concealment of antecedents would lead to cancellation of bail.
Issues considered
- Whether bail should be granted in view of alleged non‑compliance of Sections 103 and 105 of BNSS, 2023
- Whether the nature of the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 warrants denial of bail
Legislation cited
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- seizure of liquor
- procedural compliance
- criminal antecedent
- Section 30(a)
- BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22852 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- LALIT NARAYAN UNIVERSITY
District- Darbhanga
======================================================
Prince Kumar son of Guddu Mahto R/O Village - Patel Chouk, P. S - L. N. M.
U, (University), District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishor Prasad, Advocate
For the Opposite Party/s : Mr.Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-04-2026 Heard Mr.Nawal Kishor Prasad, learned counsel for
the petitioner and Mr.Khurshid Anwar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
02.03.2026 in connection with L.N.M.U. (University) P.S.
Case No. 60 of 2026, F.I.R. dated 01.03.2026 registered for the
offence punishable under Section 30(a) of Bihar Prohibition and
Excise (Amendment)Act, 2022.
3. Recovery is of 57 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner
submits that it appears from the FIR as well as the seizure list
that nothing has been recovered from conscious possession of
the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.22852 of 2026(2) dt.08-04-2026
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motorcycle in question and altogether 57 liters of Nepali liquor
was recovered. Learned counsel for the petitioner submits that
there is non-compliance of Sections 103 and 105 of BNSS, 2023
and the petitioner is in custody since 02.03.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner and submits that the petitioner carries
one more case other than the present one but he fairly submits
that the petitioner is on bail in the said case, as mentioned in
para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge-II,
(Excise Act), Darbhanga in connection with L.N.M.U.
(University) P.S. Case No. 60 of 2026, with the following
conditions:-
(I) 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/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
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witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) 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 antecedent, 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)
Nitesh/-
U T
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