Patna High Court
Prem Kumar ChaubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner subject to a cash bond, two sureties and compliance with appearance conditions.
Summary
The petitioner, Prem Kumar Chaubey, was arrested in connection with the recovery of 180.480 litres of liquor from a Scorpio vehicle under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He contended that he was merely the driver, had no knowledge of the contraband, and that the vehicle did not belong to him, with no incriminating material found in his possession. The State opposed bail, citing the seriousness of the offence, the petitioner’s two prior criminal antecedents, and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023. The Court, after considering the facts, the length of custody since 12‑Nov‑2025, and the petitioner’s claim of innocence, decided to grant bail. Bail was conditioned on a bond of Rs.15,000 with two sureties, one of whom must be a close family member, and the requirement that the petitioner appear at every trial date, with cancellation possible after two consecutive defaults.
Issues considered
- Whether bail should be granted to the accused driver in a case under the Bihar Prohibition and Excise Act despite the seizure of a large quantity of liquor.
- Whether the petitioner’s prior criminal antecedents and the alleged non‑compliance with Section 103 of the B.N.S.S., 2023 preclude the grant of bail.
- Whether the petitioner’s lack of ownership of the vehicle and absence of incriminating material in his possession justify bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- excise
- liquor seizure
- driver
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 103
- surety
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6503 of 2026
Arising Out of PS. Case No.-295 Year-2025 Thana- Excise P.S. District- Saran
======================================================
Prem Kumar Chaubey S/O Late Janardan Choubey R/O Village- Lauwari
(Banpura Bazar), P.S- Rasulpur, Distt.- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dewendra Narayan Singh, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 02-02-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in Sadar Excise P.S.
case No. 295 of 2025 instituted for the offences under
Sections 30(a) and 32(3) of the Bihar Prohibition and
Excise Act.
3. The prosecution case, in short, is that 180.480
liters liquor was recovered from Scorpio.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in
the present case. No incriminating material has been
recovered from the conscious possession of the petitioner.
Patna High Court CR. MISC. No.6503 of 2026(2) dt.02-02-2026
2/3
The petitioner has got no concern with the alleged recovery
of liquor. It is further submitted that the vehicle in question
does not belong to the petitioner. The petitioner is driver of
the vehicle in question and he had no knowledge regarding
nature of goods kept in the vehicle. The petitioner is in
custody since 12.11.2025 and has got two criminal
antecedents. There is no compliance of Section 103 of
B.N.S.S., 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and
circumstances of the case and the period of custody
undergone by the petitioner, this Court is inclined to grant
bail to the petitioner.
7. Let the petitioner be released on bail on
furnishing bail bonds of Rs.15,000/- (Fifteen thousand) with
two sureties of the like amount each to the satisfaction of
Court below/concerned Court in connection with Sadar
Excise P.S. case No. 295 of 2025 subject to the following
conditions:
(I) One of the bailors shall be own/close member
Patna High Court CR. MISC. No.6503 of 2026(2) dt.02-02-2026
3/3
of the family of the petitioner.
(II) The petitioner shall appear on each and every
date fixed at the trial. In case of default in such appearance
on two consecutive dates, the Trial Court will have liberty
to cancel the bail bonds of the petitioner.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.