Patna High Court
Prakash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The petitioner is entitled to regular bail on furnishing the prescribed bond and sureties.
Summary
The petitioner, Prakash Kumar, owner of an Indian Oil tank lorry, was arrested in connection with the seizure of 3,852.6452 liters of foreign liquor alleged to be illegal under the Bihar Narcotic Substances (BNS) Act, 2023 and the Bihar Prohibition & Excise Act, 2018. He contended that he was not named in the FIR, has a clean antecedent, and was falsely implicated, pointing out that the driver and cleaner—who have already been granted bail—identified another individual, Anand, as the mastermind. The State opposed the bail, arguing the seriousness of the offences. The court examined the lack of direct accusation against the petitioner, his clean record, and the fact that co‑accused had been bailed, and concluded that there was no substantive ground to keep him in custody. Consequently, the court ordered his release on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to cooperation with the trial.
Issues considered
- Whether the petitioner is entitled to regular bail for offences under Sections 238, 318(4), 3(5) of the BNS Act, 2023 and Sections 30(a), 32, 41(1) of the Bihar Prohibition & Excise Act, 2018 despite not being named in the FIR.
Subjects
- regular bail
- excise law
- foreign liquor seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59338 of 2025
Arising Out of PS. Case No.-43 Year-2025 Thana- CHEWARA District- Sheikhpura
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Prakash Kumar S/O Late Nageshwar Giri R/O Village- Vastacola Goshala
More Chauhan Tola, P.S.- Jhariya, District- Dhanbad (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bipin Kumar
For the Opposite Party/s : Mr.Sanjay Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
3 13-01-2026 Heard learned counsel for the petitioner as well as
learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Chewara P.S. Case No. 43 of 2025,
registered for the offences punishable under Sections 238,
318(4), 3(5) of BNS, 2023 and 30(a), 32, 41(1) of Bihar
Prohibition & Excise Act, 2018.
3. As per allegation, 3852.6452 liters of foreign
liquor were recovered from Indian Oil Tank Lorry, to which the
petitioner is owner.
4. The learned counsel for the petitioner has
submitted that the petitioner is innocent and has falsely been
implicated. He is a person of clean antecedent. The driver and
Patna High Court CR. MISC. No.59338 of 2025(3) dt.13-01-2026
2/2
cleaner of the truck where from illicit liquor was recovered,
have been granted bail. The petitioner is not named in the FIR.
The driver and cleaner, who were arrested, have disclosed that a
person namely Anand had called the driver and on his
command, he took the tank lorry.
5. On the other hand, the learned APP for the State has
opposed the prayer for bail.
6. The petitioner is not named in the FIR. He is a
person of clean antecedent and is under custody since
11.07.2025.
7. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Special
Excise Court, Sheikhpura in connection with Chewara P.S. Case
No. 43 of 2025, subject to the condition that the petitioner shall
cooperate in the disposal of trial and make himself available as
and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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