Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
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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