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Patna High Court

Prem KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.29310 of 2026(2) dt.07-05-2026
                                            2/3




          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
            Patna High Court CR. MISC. No.29310 of 2026(2) dt.07-05-2026
                                                        3/3




                       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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