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Patna High Court

Pritam KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail must be granted as the petitioner was not found in possession of the liquor and had been detained for an extended period without strong evidentiary support.

Summary

The petitioner, Pritam Kumar, was arrested on 7 May 2026 in connection with the alleged recovery of 600 litres of liquor near Nuruddin Ghat under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was not apprehended at the spot, no liquor was found in his possession, and the alleged recovery occurred on land not owned by him, suggesting a weak investigative basis. The State opposed bail, arguing the seriousness of the offence. The court considered the petitioner’s antecedent, the fact that he had been in custody for over a month without concrete evidence linking him directly to the liquor, and the principle of liberty. Accordingly, the court ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be recorded by the trial court handling the case.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of his arrest and custody.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • liquor seizure
  • criminal procedure
  • custody

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40404 of 2026
                      Arising Out of PS. Case No.-156 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Pritam Kumar S/o Pappu Prasad Resident of Village- Bari Bagicha, Bhaisani
                 Tola, P.S.- Malsalami, District- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vishvjeet Kumar
                 For the Opposite Party/s :       Mr. Ahmad Ali
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   01-07-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offence punishable under Section 30(a) of Bihar Prohibition and

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case and is in custody since

                   07.05.2026 and allegation is of recovery of 600 litres of liquor

                   from a place near Nuruddin Ghat. It is next submitted that

                   petitioner was not arrested from the spot as such nothing was

                   recovered from his conscious possession and even alleged

                   recovery is from a place which does not belong to the petitioner

                   is accessible to villagers at large and he came to be implicated

                   based on secret information which is the easiest way to
             Patna High Court CR. MISC. No.40404 of 2026(2) dt.01-07-2026
                                                         2/2




                       implicate someone, without holding a proper investigation.

                                     4. Learned A.P.P. opposes the prayer for bail of the

                       petitioner.

                                     5. Considering the submissions made by the learned

                       counsel for the petitioner and taking into consideration the

                       period of custody, the petitioner above-named, is directed to be

                       released on bail on furnishing bail bonds of Rs.5000/- (Rupees

                       five thousand) with two sureties of the like amount each to the

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Malsalami P.S. Case

                       No.156 of 2026.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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