Patna High Court
Prabhat Kumar @ LadooversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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
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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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