Patna High Court
Prem Kumar @ Prem Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
Prem Kumar was arrested as a passenger in a vehicle from which 610 litres of Nepali liquor was seized, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he had no knowledge of the goods, no incriminating material was found on him, and he was not the owner or driver. He also highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and noted his prior criminal antecedent. The State opposed bail, but the court, considering the circumstances and the period of custody, decided to grant bail. The petitioner was released on a bail bond of Rs. 15,000 with two sureties of the same amount.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case and the prior criminal antecedent
- Whether the non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail
Legislation cited
Subjects
- bail
- prohibition law
- excise
- contraband liquor
- criminal procedure
- Section 30
- Section 103
- prior antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6625 of 2026
Arising Out of PS. Case No.-365 Year-2025 Thana- PARIHAR District- Sitamarhi
======================================================
Prem Kumar @ Prem Kumar Yadav S/0- Surendra Ray Village - Basaha, P. S
- Bajpatti, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Devendra Kumar, Advocate
For the Opposite Party/s : Mr.Yogendra Kumar, A.P.P.
======================================================
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 connection with Parihar
P.S. Case No. 365 of 2025, instituted for the offences punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that total 610
liters of Nepali liquor was recovered from Pick-up. Petitioner
was arrested on the spot.
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. The petitioner has got
no concern with the alleged recovery of liquor. Learned counsel
further submitted that the petitioner was neither owner nor
Patna High Court CR. MISC. No.6625 of 2026(2) dt.02-02-2026
2/2
driver of the vehicle, the petitioner was found only sitting in the
said vehicle as passenger and he has no knowledge regarding
nature of goods loaded on the vehicle. The petitioner is in
custody since 20.12.2025 and has got one criminal antecedent.
There is no compliance of Section 103 of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
5. Learned APP 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/- (Rupees Fifteen Thousand) with two
sureties of the like amount each to the satisfaction of Court
below/concerned Court in connection with Parihar P.S. Case No.
365 of 2025.
(Rudra Prakash Mishra, J)
manish/-
U T
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