Patna High Court
Prem Kumar @Prem Kumar SahniversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Prem Kumar and Umesh Pawan were implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 126 litres of illicit liquor were recovered from a public bamboo grove. The petitioners argued that no liquor was found in their conscious possession, they have clean antecedents, and were merely suspected. The State opposed their request for anticipatory bail. The Court, noting the absence of incriminating material against them and their clean records, granted anticipatory bail. The bail was conditioned on a bond of Rs.10,000 each with two sureties and subject to Section 482(2) of the B.N.S.S. The order applies if they are arrested within eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in a case under Section 30(a) of the Bihar Prohibition and Excise Act where no incriminating article is found in their possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- prohibition law
- excise
- clean antecedents
- no possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39712 of 2026
Arising Out of PS. Case No.-78 Year-2026 Thana- TAJPUR District- Samastipur
======================================================
1. Prem Kumar @Prem Kumar Sahni Son of Paltu Sahni Resident of village-
Amritpur, Ward No.-3, Police Station- Tajpur, District-Samastipur.
2. Umesh Pawan @ Sagar Paswan Son of Late Vishun Paswan Resident of
village-Mirzapur, Ward No.-8 Police Station- Tajpur, District-Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Pramod Kumar Singh, Advocate
For the State : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel appearing on behalf of the
petitioners and learned A.P.P. appearing on behalf of the State.
2. The petitioners apprehend their 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, 126 liters illicit Indian
made foreign liquor was recovered from a bamboo grove.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. No incriminating article has been
recovered from conscious possession of these petitioners and
they have falsely been implicated in this case merely on
suspicion. The alleged illicit liquor has been recovered from an
Patna High Court CR. MISC. No.39712 of 2026(2) dt.24-06-2026
2/2
open place, which is accessible to one and all. Petitioners claim
clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the nature of accusation, the fact that
no incriminating article has been recovered from conscious
possession of these petitioners and clean antecedents, the prayer
for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Special Judge Excise-
II, Samastipur in connection with Tajpur P.S. Case No. 78 of
2026, subject to condition as laid down under Section 482(2) of
the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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