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Patna High Court

Prakash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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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