Patna High Court
Prabhat Kumar @ Golu KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
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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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