Patna High Court

Prince KumarversusThe State of Bihar

Decided: 1 May 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

Anticipatory bail is granted subject to a bail bond of Rs.10,000 and two sureties, with compliance to the conditions of Sections 438(2) Cr.P.C. and 482(2) BNSS, 2023.

Summary

The petitioner, Prince Kumar, sought anticipatory bail after a FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 alleged that 300 litres of illicit country-made liquor were recovered from an open area. He argued that the seizure lacked independent witnesses and was made in a publicly accessible place, raising doubts about the legality of the search. The State opposed bail, citing the petitioner’s criminal antecedents, but noted that the prior cases were not under the Excise Act. The petitioner offered to deposit a monetary guarantee and sureties. The Court, after considering the circumstances, granted anticipatory bail conditioned on a bail bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. and Section 482 of the BNSS in a case of alleged illegal liquor possession.
Whether the seizure of liquor without independent witnesses renders the FIR infirm for the purpose of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
excise law
illegal liquor
search and seizure
bail bond
Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25755 of 2026
                        Arising Out of PS. Case No.-80 Year-2026 Thana- GORAUL District- Vaishali
                 ======================================================
                 Prince Kumar Son of Nathuni Bhagat Resident of Vill.- Pagaimbarpur
                 Gorigamma, P.S.- Goraul, Dist.- Vaishali.
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Uditya Kumar, Advocate
                                          :       Ms. Mimansha Singh, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                        Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Amendment Act, 2022.

                                 3. The allegation in the First Information Report is that

                   300 litres of country made liquor has been recovered from bush.

                                 4.     Learned counsel for the petitioner submits that

                   recovery has been made from an open place, which is easily

                   accessible to others. The name of the petitioner has transpired

                   upon identification made by local chaukidar. There is no

                   independent witness to the search and seizure.

                                 5. Learned APP for the State opposed the prayer for

                   anticipatory bail on the ground that the petitioner has criminal

                   antecedents. However, in response it has been submitted that the

                   cases are not under the Excise Act.

                                 6. At this stage, the petitioner has offered to deposit a
            Patna High Court CR. MISC. No.25755 of 2026(2) dt.01-05-2026
                                                        2/2




                      sum of Rs.5,000/- (Rupees Five Thousand) in Patna High Court

                      Legal      Services       Committee,         Patna,   bearing   Account

                      No.1413010060836, IFSC Code: PUNB0141320, Punjab National

                      Bank, Bar Council Branch, Patna.

                                   7. Taking into consideration the facts and circumstances

                      of the case, let the above named petitioner, be released on bail, in

                      the event of his arrest or surrender before the learned Court below

                      within a period of four weeks from today, on furnishing bail bond

                      of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                      like amount each to the satisfaction of the learned Court below

                      where the case is pending/successor Court in connection with

                      Goraul P.S. Case No. 80 of 2026, subject to the condition as laid

                      down under Section 438 (2) of the Cr.P.C/ Section 482 (2) of the

                      Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

                                   8. The bail bond of the petitioner shall be accepted by

                      the learned Court below on showing receipt of deposit of the

                      aforesaid amount in the account of Patna High Court Legal

                      Services Committee, Patna.



                                                (Soni Shrivastava, J)
anand/-
U       T

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