Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner, subject to specified conditions.
Summary
Prince Kumar was arrested in connection with the seizure of 343 litres of illicit foreign liquor from a car, charged under section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022. He has been in custody since 15 March 2026 and claims innocence, asserting that he has no prior criminal record. The petitioner’s counsel offered a charitable donation of Rs.25,000 and argued for regular bail, while the State opposed the relief. The High Court, after considering the facts and the petitioner’s clean antecedent, granted bail subject to a bond of Rs.10,000 with two sureties, verification of his antecedent, the charitable donation, and mandatory weekly police attendance. The order also stipulated that any default in appearance would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to regular bail under the Bihar Prohibition & Excise (Amendment) Act, 2022 in the circumstances of his arrest.
Legislation cited
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal antecedent
- charitable donation
- police attendance
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25941 of 2026
Arising Out of PS. Case No.-41 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Prince Kumar Son of Sanjay Kumar @ Ajay Resident of village -
Makarandpur, P.S.- Brahalganj, District - Gorakhpur (U.P.).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Ms.Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 20-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks regular bail in connection with
Bhairavasthan P.S. Case No. 41 of 2026 registered for the
offence under section 30(a) of the Bihar Prohibition & Excise
(Amendment) Act, 2022.
3. The recovery is of about 343 litres of illicit foreign
liquor from a car.
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 15.03.2026
without any fault.
5. Learned counsel for the petitioner also submits that
the petitioner is ready to donate Rs.25,000/- in some charitable
Patna High Court CR. MISC. No.25941 of 2026(2) dt.20-04-2026
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organization without accepting his guilt.
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 Special Judge, Excise Act, Jhanjharpur,
District- Madhubani / concerned Court below, in connection
with Bhairavasthan P.S. Case No. 41 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 Mission Ashrama, Bela, Muzaffarpur and produce
the receipt of the same before the Court below. The bail bonds
of the petitioner shall be accepted after verifying the
Patna High Court CR. MISC. No.25941 of 2026(2) dt.20-04-2026
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genuineness of the receipt produced by the petitioner.
11. As a condition of this order, the petitioner after
being released on bail, is directed to mark his attendance at
Brahalganj Police Station, District- Gorakhpur (U.P.) 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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