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Patna High Court

Prabhat Kumar @ Golu KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The Court rejected the petitioners' anticipatory bail applications.

Summary

Petitioners Prabhat Kumar and Raja Kumar sought anticipatory bail in a case involving alleged possession of 10 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution alleged that the liquor was recovered, but the petitioners claimed innocence and that nothing was seized from them. The State opposed bail, highlighting the petitioners' pending criminal cases as adverse antecedents. The High Court, after hearing both sides, found the antecedents and the seriousness of the offence sufficient to deny anticipatory bail. The Court ordered the petitioners to surrender to the trial court within four weeks, directing that any surrender‑cum‑bail applications be decided promptly on merits.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances of the case
  • Whether the petitioners' prior criminal antecedents justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedents
  • Section 30(a)
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26999 of 2026
                   Arising Out of PS. Case No.-1465 Year-2025 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
           1.     Prabhat Kumar @ Golu Kumar S/o Vinod Prasad R/o Village - Simraha
                  Chaturbhuj, Jhapaha, P.S - Ahiyapur, District - Muzaffarpur
           2.    Raja Kumar S/o Vinod Prasad R/o Village - Simraha Chaturbhuj, Jhapaha,
                 P.S - Ahiyapur, District - Muzaffarpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Preety Kunwar, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   22-04-2026                         Heard learned counsel for the petitioners and

                   learned APP for the State.

                                2. The petitioners are apprehending arrest in

                   connection with Ahiyapur P.S. Case No. 1465 of 2025, dated

                   21.10.2025, lodged under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022, pending before the Court

                   of Special Judge, Excise Court No. I, Muzaffarpur.

                                3. As per the prosecution, total recovery of 10 litres of

                   illicit liquor has been made, which is the subject matter of the

                   present case.

                                4. Learned counsel for the petitioners submits that the

                   petitioners are innocent and have committed no offence. He

                   further submits that nothing has been recovered from the

                   possession of the petitioners. Furthermore, he submits that the

                   criminal antecedents of the petitioners are not clean, as one
          Patna High Court CR. MISC. No.26999 of 2026(2) dt.22-04-2026
                                                      2/2




                    criminal case is pending against the petitioner No. 1 and two

                    criminal cases are pending against the petitioner No. 2.

                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioner and submits that the criminal antecedents

                    of the petitioners are not clean.

                                 6. In the present facts and circumstances, this Court is

                    not inclined to grant anticipatory bail to the petitioner.

                    Accordingly, the prayer for anticipatory bail of the petitioner is

                    hereby rejected.

                                 7. It is directed that the petitioners shall surrender

                    before the Trial Court within a period of four weeks from today.

                    In case the petitioners surrender within the said period, the Trial

                    Court is directed to pass orders on their surrender-cum-bail

                    applications on the same day, without being prejudiced by the

                    fact that their anticipatory bail applications have been rejected

                    by this Court. The Trial Court shall pass orders on the merits of

                    the case.



                                                                         (Dr. Anshuman, J.)
Aman Kumar/-

U     T


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