Patna High Court
Prem kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and conditions, finding insufficient grounds to deny bail.
Summary
The petitioner, Prem Kumar, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 after an e‑rickshaw he was traveling in was found carrying 200 litres of illicit country‑made liquor. He claimed he was merely a co‑passenger and had no conscious possession of the contraband, arguing that the liquor was being carried by other passengers who fled when police intervened. The State opposed bail, citing the nature of the offence. The court, considering the limited evidence of the petitioner’s involvement, his prior bail status in two other cases, and the length of his custody, ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the BNSS. The bail order required a close relative as one bailor, regular court appearances, and stipulated cancellation of bail for non‑compliance.
Issues considered
- What is the appropriate bail disposition for an accused alleged to have been a mere passenger in a vehicle found carrying illicit liquor under Section 30(a) of the Bihar Prohibition & Excise Act, 2016?
- Does the nature of the recovered contraband and the period of custody justify granting bail?
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- prohibition act
- excise
- illegal liquor
- e‑rickshaw
- Section 30(a)
- Section 480(3)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38027 of 2026
Arising Out of PS. Case No.-182 Year-2026 Thana- JALALPUR District- Saran
======================================================
Prem Kumar Son of Ramdev Ray Resident of Village- Lauwan Kala, Ps-
Baniyapur, Dist- Chapra Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, 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.
02. In the present case, the petitioner seeks bail in
connection with Jalalpur P.S. Case No. 182 of 2026 registered
for the alleged offences under Section 30(a) of the Bihar
Prohibition & Excise Act, 2016.
03. As per prosecution case, petitioner and co-accused
child was found carrying 200 liters of country made chulai
liquor in their e-rickshaw which was being driven by the co-
accused.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. The petitioner was merely a co-passenger in the said e-
rickshaw along with two other passengers. Those passengers
Patna High Court CR. MISC. No.38027 of 2026(2) dt.17-06-2026
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were carrying illicit liquor who fled away when the police
intercepted the e-rickshaw. Therefore, nothing incriminating has
been recovered from the conscious possession of the petitioner
who was apprehended merely on suspicion. Learned counsel
further submits that the petitioner is having antecedent of two
cases and he is on bail in both the cases. The petitioner is in
custody since 12.05.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of recovery 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-II, Saran at Chapra/court
concerned in connection with Jalalpur P.S. Case No. 182 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
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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 bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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