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Patna High Court

Prince Kumar @ Prince YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court directed the release of the petitioner on bail upon furnishing a bond of Rs.5,000 with two sureties.

Summary

Prince Kumar, accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 210 litres of liquor from the Tilave River, applied for regular bail. The petitioner had been in custody since 26 March 2026 and claimed he was not arrested at the spot, that the liquor was not in his conscious possession, and that the recovery site did not belong to him. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior case under the Excise Act. The court considered the submissions, the period of custody, and the lack of direct possession, and ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties. The bail order was directed to be complied with by the trial court handling the case.

Issues considered

  • Whether regular bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 given the circumstances of alleged recovery and prior case.

Legislation cited

Subjects

  • bail
  • excise
  • prohibition
  • criminal procedure
  • Bihar
  • Section 30(a)
  • liquor recovery
  • antecedent case

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36652 of 2026
                         Arising Out of PS. Case No.-396 Year-2025 Thana- PIPRA District- Supaul
                 ======================================================
                 Prince Kumar @ Prince Yadav Son of Sri Sikandra Yadav @ Sikendra Yadav
                 Resident of Village- Sakhua, P.S.- Pipra, District- Supaul
                                                                                 ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Pratibha Srivastava, Advocate
                 For the Opposite Party/s :        Mr. Md. Matloob Rab, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and is

                   in custody since 26.03.2026 and allegation is of recovery of 210

                   litres of liquor from the bank of Tilave River.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession and even the alleged

                   recovery is from a place which does not belong to the petitioner

                   and is accessible to villagers at large. It is further submitted that

                   petitioner came to be implicated at the instance of the
           Patna High Court CR. MISC. No.36652 of 2026(2) dt.01-07-2026
                                                       2/2




                     Chawkidar and local person but then it is submitted that once an

                     accused is implicated in a case relating to excise the police start

                     implicating mechanically either at the instance of the

                     Chawkidar, local person, confessional statement or secret

                     information without holding a proper investigation of the case.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner and taking into

                     consideration the period of custody, the petitioner, above-

                     named, is directed to be released on bail on furnishing bail

                     bonds of Rs.5,000/- (Rupees Five Thousand) with two sureties

                     of the like amount each to the satisfaction of the learned Trial

                     Court where the case is pending in connection with Pipra P.S.

                     Case No. 396 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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