Patna High Court
Praveen Kumar @ Parvin kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Praveen Kumar, was arrested in connection with an alleged offence under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act after police recovered 1,122 litres of illicit foreign liquor from a vehicle he was alleged to have fled in. He contended that he was neither the owner nor the driver of the vehicle and was falsely implicated, asserting his innocence. The State opposed bail, citing the seriousness of the offence and the petitioner’s prior case. The court, after reviewing the charge sheet and the circumstances of the arrest, ordered the petitioner’s release on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS and additional safeguards. The bail was granted with specific conditions regarding surety, attendance, and cancellation on non‑compliance.
Issues considered
- Whether bail should be granted in a case involving alleged offences under Sections 30(a) and 47 of the Bihar Prohibition & Excise Act
- Whether the petitioner’s claim of innocence and lack of ownership/driver status affect bail eligibility
- Application of Section 480(3) of the BNSS in granting bail
Legislation cited
- Bihar Negotiable Security and Settlement Act — s. 480(3)
- Bihar Prohibition & Excise Act — s. 30(a), 47
Subjects
- bail
- excise
- illicit liquor
- Bihar Prohibition & Excise Act
- Section 30(a)
- Section 47
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37271 of 2026
Arising Out of PS. Case No.-279 Year-2026 Thana- Excise P.S. District- Siwan
======================================================
Praveen Kumar @ Parvin Kumar, son of Late Nagendra Ray, Resident of
Village - Rajapakar, P. S - Rajapakar, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramadhar Shekhar, Advocate
For the Opposite Party/s : Mr.Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Siwan Excise Sadar P.S. Case No. 279 of 2026
dated 07.04.2026 registered for the alleged offence under
Sections 30(a) & 47 of the Bihar Prohibition & Excise Act.
3. As per prosecution case, the petitioner was
apprehended when he tried to flee away leaving behind his
vehicle from which recovery of 1122 liters of illicit foreign
liquor was made.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner is neither the owner nor the driver of the
vehicle and he was arrested merely on suspicion. Nothing
Patna High Court CR. MISC. No.37271 of 2026(2) dt.17-06-2026
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incriminating has been recovered from the person/possession of
the petitioner. The petitioner is in custody since 08.04.2026 and
is having antecedent of one case. The charge sheet has been
submitted.
5. Learned APP for the State opposes the submission
made on behalf of the petitioner.
6. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
submission of charge sheet and period of custody of the
petitioner, the petitioner above named is directed to 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
learned Exclusive Special Excise Court-2, Siwan/court
concerned in connection with Siwan (Excise) P.S. Case No. 279
of 2026, subject to the conditions mentioned in Section 480(3)
of BNSS and the following conditions:
(i) One of the bailors will be a close relative of
the petitioner.
(ii) The petitioner will remain present on each
and every date fixed by the court below.
(iii) In case of absence on three consecutive
dates or in violation of the terms of the bail, the
Patna High Court CR. MISC. No.37271 of 2026(2) dt.17-06-2026
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bail bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
V.K.Pandey/-
U T
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