Patna High Court
Prince Kumar @ Prince YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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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