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Patna High Court

Prince KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to the conditions specified.

Summary

Prince Kumar sought anticipatory bail fearing arrest in a case under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act after 339.87 litres of illicit liquor were recovered from an open place. The prosecution alleged his involvement, but the petitioner’s counsel argued that no incriminating material was found in his possession and that he was implicated only on suspicion, emphasizing his clean antecedents. The court examined whether there was sufficient basis to deny bail and considered the petitioner’s right to liberty. Finding the allegations insufficient to justify denial of bail, the court granted anticipatory bail subject to surrender within eight weeks and a bail‑bond of Rs.10,000 with two sureties. The order also imposed conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act.
  • Whether the prosecution has established a prima facie case linking the petitioner to the recovered illicit liquor.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.7768 of 2026
                   Arising Out of PS. Case No.-207 Year-2024 Thana- RAJEPUR District- East Champaran
                 ======================================================
                 Prince Kumar Son of Surendra Rai Resident of Village - Nanahakar, P.S. -
                 Rajepur, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Abhishek Kumar, Advocate
                 For the Opposite Party/s :       Ms. Sucheta Yadav, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   11-02-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offences punishable under Sections 30(a), 41(1) of the Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 339.87 litres illicit liquor

                   was recovered from an open place.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Considering the aforesaid facts and circumstances

                   of the case, this anticipatory bail is allowed and it is ordered that

                   let the above named petitioner in the event of his
              Patna High Court CR. MISC. No.7768 of 2026(2) dt.11-02-2026
                                                          2/2




                        arrest/surrender before the court below within a period of eight

                        weeks from today, be enlarged on bail on furnishing bail-bond

                        of Rs. 10,000/- (ten thousand) with two sureties of the like

                        amount each to the satisfaction of Exclusive Special Excise

                        Court No. 3, East Champaran, Motihari in connection with

                        Rajepur P. S. Case No. 207 of 2024, subject to condition as laid

                        down under Section 482(2) of the Bharatiya Nagarik Suraksha

                        Sanhita.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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