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
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.