Created by Fuzzy Cloud

Patna High Court

Praduman Kumar @ Chintu @ Pradaum KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.