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Patna High Court

Prabhat Kumar @ LadooversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner, subject to strict conditions, as the circumstances did not warrant continued detention.

Summary

The petitioner, Prabhat Kumar alias Ladoo, was arrested on 4 May 2026 in connection with a seizure of 130 litres of illicit country-made liquor and a motorcycle under Section 30(a) of the Bihar Prohibition and Excise Act. The police recovered the liquor after a chase and identified the petitioner based on the testimony of a local chowkidar and the ownership of the seized motorcycle. The petitioner pleaded that he was falsely implicated and sought bail, arguing that the evidence against him was weak and that he had been in custody for over a month. The prosecution opposed bail, citing the petitioner’s two prior cases, although he was out on bail in those matters. The High Court, after considering the facts, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, presence in court, and non‑tampering with evidence, and ordered that verification of his antecedents should not delay the bail.

Issues considered

  • Whether the petitioner is entitled to bail under the provisions applicable to offences under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the identification of the petitioner by a chowkidar and ownership of the motorcycle constitute sufficient grounds to deny bail.

Legislation cited

Subjects

  • bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • illicit liquor
  • seizure
  • identification by witness
  • cognizable offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38768 of 2026
                    Arising Out of PS. Case No.-21 Year-2026 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Prabhat Kumar @ Ladoo S/O Arun Sah R/O Village- Sareya Pahar, P.S-
                 Sidhwaliya, District- Gopalganj, Bihar.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan
                 For the Opposite Party/s :       Mr.Rajesh Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   22-06-2026                     Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   04.05.2026 in connection with Sidhwaliya P.S. Case No. 21 of

                   2026 for the offence punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                               3. That the brief facts of the case is that on 28-01-

                   2026, A.S.I Sunita Kumari gave a typed information addressed

                   to the SHO of Sidhwaliya P.S. stating therein that on 28-01-

                   2026 she along with the armed forces of Police Station had

                   proceeded from the P.S. for patrolling, Bank Checking, Vehicle

                   Checking and conducting raids against the liquor traders.

                   During the course of patrolling, when they were at Salempur

                   village, they received information that liquor trader Prabhat
Patna High Court CR. MISC. No.38768 of 2026(2) dt.22-06-2026
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          Kumar alias Ladoo is bringing huge quantity of liquor over his

          motorcycle through Hasanpur Diyar and if blockade will be

          made, he can be apprehended. The Police proceeded towards

          Hasanpur Diyar. When they were 500 meters away from the

          house of Vijay Singh Dilar, in the Diyara, they saw a person

          coming over motorcycle with three sacks tied over it. Seeing the

          Police vehicle, the rider of the motorcycle tried to turn the

          motorcycle and flee away, but due to sand he failed, thereafter,

          leaving the motorcycle, he started fleeing away. The Police

          chased him, but taking advantage of the bushes, he managed to

          flee away. Seeing the Police action, the villagers gathered. On

          query, the villagers and the local Chowkidar disclosed the

          identity of fled away person as Prabhat Kumar alias Ladoo.

          Duly following the search and seizure rules, the Honda S.P. 125

          Motorcycle being Reg. No. BR28AG5977 and the sacks kept

          over the motorcycle were searched. On search, from the dickey

          of the motorcycle total 10 liter of Country made Chulai liquor

          was recovered and from the sacks 120 liter of country made

          Chulai liquor was recovered. In total 130 liter of country made

          liquor was recovered. The recovered liquor and motorcycle were

          duly seized upon preparation of seizure list over which the

          independent witness put their signature. As there is complete
Patna High Court CR. MISC. No.38768 of 2026(2) dt.22-06-2026
                                            3/4




          ban on liquor in the state of Bihar and transportation and sell of

          liquor is a cognizable offence therefore the Informant request to

          take action against Prabhat Kumar alias Ladoo.

                      4. Learned counsel for the petitioner submits that

          petitioner has falsely been implicated in the present case. It is

          further submitted that it appears from the FIR that recovery of

          130 liters of country made liquor has been made from the

          motorcycle. It is next submitted that the petitioner has been

          made an accused in the present case on the basis of disclosure

          made by local chowkidar as well as petitioner is owner of the

          motorcycle in question. Learned counsel for the petitioner next

          submits that petitioner is in custody since 04.05.2026.

                      5. The learned Additional Public Prosecutor for State

          has vehemently opposed the prayer for bail of the petitioner and

          submits that petitioner has antecedent of two cases other than

          the present case but fairly submits that the petitioner is on bail in

          the pending matters.

                       6. Considering the aforesaid facts and circumstances,

          let the petitioner, above named, be released on bail on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

          the like amount each to the satisfaction of the learned District

          and Additional Sessions Judge-XIII-cum-Special Excise Court
           Patna High Court CR. MISC. No.38768 of 2026(2) dt.22-06-2026
                                                       4/4




                     No.1, Gopalganj in connection with Sidhwaliya P.S. Case No.

                     21 of 2026 subject to the following conditions:-

                                  i. Petitioner shall co-operate in the trial and shall be

                     properly represented on each and every date fixed by the court

                     and shall remain physically present as directed by the court and

                     on his absence on two consecutive dates without sufficient

                     reason, his bail bond shall be cancelled by the Court below.

                                  ii. If the petitioner tampers with the evidence or the

                     witnesses, in that case, the prosecution will be at liberty to

                     move for cancellation of bail.

                                  iii. And further condition that the court below shall

                     verify the criminal antecedent of the petitioner and in case at

                     any stage it is found that the petitioner has concealed his

                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T


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