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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            2/3




          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
                                                          3/3




                        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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