Patna High Court
Tinku PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Tinku Prasad, was arrested in connection with the seizure of 1,926 liters of illicit liquor and charged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act. He applied for regular bail, asserting that no incriminating material was found in his possession and that he had no involvement in the recovery. The State opposed the bail application. The court examined the facts, the length of custody since 11 March 2026, and the lack of direct evidence against the petitioner. Considering these circumstances, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court No. 3, Motihari. The order released the petitioner on bail.
Issues considered
- Whether regular bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Amendment Act.
- Whether the absence of incriminating material in the petitioner's possession and the period of custody justify granting bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
Subjects
- bail
- regular bail
- prohibition law
- excise law
- illicit liquor
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31454 of 2026
Arising Out of PS. Case No.-84 Year-2025 Thana- MEHSI District- East Champaran
======================================================
Tinku Prasad S/o Niwas Prasad Resident of village - Tedha, P.S - Isuwapur,
District - Saran (Chapara), Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar , Advocate
For the Opposite Party/s : Mr. Parmanand Prasad , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 15-05-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, 1926 liters of illicit
liquor was recovered from seized truck .
4. Learned counsel for the petitioner submits that he is
innocent and has committed no offence. No incriminating
material has been recovered from conscious possession of the
petitioner and he has got no concern with the aforesaid recovery.
Petitioner is in custody since 11.03.2026 .
5. Learned A.P.P. for the State vehemently opposes the
bail application.
Patna High Court CR. MISC. No.31454 of 2026(2) dt.15-05-2026
2/2
6. Considering the aforesaid facts and circumstances
of the case and period of custody, the bail application is allowed.
Let the above named petitioner 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 learned Exclusive Special
Excise Court No. 3 Motihari East Champaran in connection
with Mehsi PS Case No. 84 of 2025 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
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