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Patna High Court

Dewanand Prasad @ Dewanand KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED
Bench
ANSUL

Holding

Bail was granted to the petitioner as no incriminating article was found in his conscious possession and he has no prior criminal antecedent.

Summary

The petitioner, Dewanand Prasad, was arrested as the driver of a vehicle from which 60 litres of country-made liquor was recovered. He was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner applied for bail, arguing that no incriminating article was found in his conscious possession and that he has no prior criminal record, having been in custody since 12-14 March 2026. The State opposed the bail. The Court, noting the absence of the liquor from the petitioner's possession and his clean record, granted bail on a bond of Rs.10,000 with two sureties, emphasizing that the order is prima facie and does not prejudice the trial.

Issues considered

  • Whether bail should be granted to the petitioner under the circumstances of the case
  • Whether the recovery of liquor from the vehicle, but not from the petitioner's conscious possession, warrants denial of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • contraband liquor
  • criminal procedure
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34872 of 2026
                     Arising out of PS. Case No.-234 Year-2026 Thana- CHAPRA TOWN District- Saran
                 ======================================================
                 Dewanand Prasad @ Dewanand Kumar S/o Paspati Prasad R/o Vill- Purvi
                 Dahiyawa Mission Road, P.S- Chapra Nagar, Dist- Saran ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Brajesh Kumar Singh, Adv.
                 For the Opposite Party/s :       Mr. Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

2   20-05-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                              2. The petitioner seeks bail in Saran (Town) P.S. Case

                   No. 234 of 2026 dated 12.03.2026 registered under Section

                   30(a) of Bihar Prohibition and Excise Act, 2022.

                               3. The allegation is that 60 litres of country made

                   liquor which was kept in a plastic sack under the seat was

                   recovered from Toto and the petitioner was the driver who was

                   transporting the liquor from one place to another place on the

                   said vehicle.

                                 4. Learned counsel for the petitioner submits that

                   nothing incriminating article was recovered from the conscious

                   possession of the petitioner. He further submits that the

                   petitioner has no criminal antecedent and is in custody since

                   14.03.2026.

                               5. Learned Additional Public Prosecutor for the State
                Patna High Court CR. MISC. No.34872 of 2026(2) dt.20-05-2026
                                            2/2




           has vehemently opposed the prayer for bail of the petitioner.

                     6. Considering that nothing incriminating article was

           recovered from the conscious possession of the petitioner and

           the petitioner is in custody since 12.03.2026 having no criminal

           antecedent, this Court is inclined to grant bail to the petitioner.

                     7. Let the petitioner, above named, be released

           on bail on furnishing bail bonds of Rs. 10,000/- (Ten

           thousand) with two sureties of the like amount each to

           the satisfaction of the learned Exclusive Special

           Judge Excise-1, Saran at Chapra in connection with

           Saran (Town) P.S. Case No. 234 of 2026.

                      8. It is made clear that any observation made

           herein is prima facie in nature and limited solely for

           the purpose of            adjudication of             the    present   bail

           application. Such observations shall not be construed

           as an expression on the merits of the case and shall not

           influence the trial or any other proceedings in any

           manner.



                                           (Ansul, J)
Vikash/-

U      T


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