Patna High Court
Praduman Kumar @ Chintu @ Pradaum KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Praduman Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 57.78 litres of illicit foreign liquor recovered from an open place. He contended that no liquor was found in his conscious possession and that the accusation was based merely on suspicion. The State opposed the bail, highlighting the large quantity of liquor seized and the petitioner’s two prior convictions for similar offences. The Court considered the seriousness of the offence, the volume of contraband recovered, and the petitioner’s criminal antecedents. Concluding that these factors outweighed the petitioner's claim of innocence, the Court rejected the application for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the recovery of a large quantity of illicit liquor and his prior similar convictions.
- Whether the mere suspicion and recovery of liquor from an open place suffices to deny anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39710 of 2026
Arising Out of PS. Case No.-440 Year-2026 Thana- RAMKRISHNANAGAR District- Patna
======================================================
Praduman Kumar @ Chintu @ Pradaum Kumar Son of Sri Rajdeo Prasad
Resident of Village/Mohalla- Ahochak,Nandlal Chapra, P.S.- Ramkrishna
Nagar, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Satish Kumar, Advocate
For the State : Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 57.780 liters illicit foreign
liquor was recovered from an open place.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. No incriminating article has been
recovered from conscious possession of this petitioner and he
has falsely been implicated in this case merely on suspicion. The
alleged illicit liquor has been recovered from an open place,
which is accessible to one and all.
Patna High Court CR. MISC. No.39710 of 2026(2) dt.24-06-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of illicit liquor
was recovered. Petitioner has got two criminal antecedents of
similar nature.
6. Considering the nature of accusation, recovery of
huge quantity of illicit liquor and the fact that petitioner has got
two criminal antecedents of similar nature, the prayer for grant
of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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