Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond of Rs.10,000 and specified conditions.
Summary
Prem Kumar was arrested on 4 February 2026 in connection with the seizure of 63 litres of country-made liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He filed a bail application claiming he was falsely implicated, asserting that the liquor was recovered from a vehicle and not from his personal possession, and that a co‑accused had already been granted bail. The prosecution opposed bail, highlighting five prior criminal cases against the petitioner, although it noted that he was out on bail in those matters. The court examined the facts, the petitioner’s claim of innocence, and the antecedent record, and decided to grant bail on a bond of Rs.10,000 with two sureties. The bail was conditioned on the petitioner’s cooperation with the trial, regular appearance, non‑tampering with evidence or witnesses, and verification of his criminal antecedents by the lower court.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 considering the alleged innocence and the existence of prior criminal antecedents.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illegal liquor
- criminal antecedent
- Section 30(a)
- Bihar
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29310 of 2026
Arising Out of PS. Case No.-60 Year-2026 Thana- BARUN District- Aurangabad
======================================================
Prem Kumar Son of Baban Singh @ Babanji Singh Resident of Village-
Mohammadganj, P.S.- Mohammadganj, District- Palamu (Jharkhand)
... ... Petitioner/s
Versus
1. The State of Bihar
2. The State of Bihar Advocate General Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Binod Kumar Pandey, learned counsel
for the petitioner and Mr. Pronoti Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
04.02.2026 in connection with Barun P.S. Case No. 60 of 2026,
F.I.R. dated 04.02.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 63 liters of country made liquor.
4. Learned counsel for the petitioner submits that
petitioner is innocent 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 the recovery has
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been made from vehicle in question and the petitioner has no
role at all in the present occurrence and the co-accused person,
namely, Prabhakar Kumar, who was apprehended on the sport
has been granted the privilege of bail by the co-ordinate Bench
of this Court vide order dated 07.04.2026 in Cr. Misc. No.
22671 of 2026. He further submits that the police after
investigation submitted the charge sheet against the petitioner.
The petitioner is in custody since 04.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner carries five criminal antecedent other
than the present one but fairly submits on the basis of
supplementary affidavit filed on behalf of the petitioner that the
petitioner is on bail in the said matters.
6. Considering the aforesaid facts and circumstances,
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 A.D.J-
cum-Exclusive Special Court No.1, Aurangabad in connection
with Barun P.S. Case No. 60 of 2026, subject to the following
conditions:-
i. Petitioner shall co-operate in the trial and shall be
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properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
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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