Patna High Court
Prasid Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to specified conditions.
Summary
Prasid Kumar Singh, a driver, was arrested on 22 March 2026 in connection with the seizure of 111.080 litres of foreign liquor, alleged to violate Sections 30(a), 32(i)&(iii), and 41(i)&(ii) of the Bihar Prohibition and Excise Act, 2018. He contended that he had no conscious possession of the liquor, was not the owner of the vehicle from which it was recovered, and possessed a clean criminal record. The Additional Public Prosecutor opposed bail, but the court noted the lack of direct possession, the petitioner’s clean antecedent, and the fact that the recovery was from the vehicle, not from him personally. Accordingly, the court granted bail on a bond of Rs.10,000 with two sureties, imposing conditions of cooperation with the trial, presence in court, and non‑tampering with evidence. The bail order also directed verification of the petitioner’s antecedent without delaying the release.
Issues considered
- Whether bail should be granted to the accused driver given the nature of the offences under the Bihar Prohibition and Excise Act, 2018.
- Whether the absence of conscious possession and the petitioner’s clean antecedent justify bail.
Subjects
- bail
- prohibition and excise
- foreign liquor seizure
- driver
- possession
- criminal antecedent
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27832 of 2026
Arising Out of PS. Case No.-146 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Prasid Kumar Singh S/O Khublal Singh R/O Vill.- Medanipur, P.s.- Mufassil,
Dist.- Rohtas, Sasaram
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 27-04-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner and Ms. Veena Kumari Jaiswal, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.03.2026 in connection with Prohibition & Excise Bhabhua
P.S. Case No. 146 of 2026, F.I.R. dated 21.03.2026 for the
offences punishable under Section 30(a), 32(i) & (iii), 41(i) &
(ii) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 111.080 liters of foreign liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.27832 of 2026(2) dt.27-04-2026
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the recovery has been made from auto in question and petitioner
is not the owner of the auto in question and the petitioner has
been made accused merely on the basis that he is the driver of
auto in question. He further submits that petitioner has no
concern at all with alleged recovery of liquor and the petitioner
is in custody since 22.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances
and the fact that petitioner has clean antecedent and nothing has
been recovered from the conscious possession of the petitioner
rather the recovery has been made from auto in question and
petitioner is not the owner of the auto in question, let the
petitioner, above named, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Exclusive
Special Judge (Excise)-II, Kaimur, Bhabhua in connection with
Prohibition & Excise Bhabhua P.S. Case No. 146 of 2026,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
Patna High Court CR. MISC. No.27832 of 2026(2) dt.27-04-2026
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on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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