Patna High Court
Prakash KumarversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Regular bail was granted to the petitioners despite their criminal antecedents.
Summary
The petitioners, Prakash Kumar and Om Prakash Manjhi, applied for regular bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act. They had previously been granted bail but had inadvertently omitted their criminal antecedents—two for the first petitioner and one for the second. The State opposed the bail on the ground of these antecedents. The Court considered the facts, the earlier bail order, and the petitioners’ custody since 26‑07‑2025, and decided to grant regular bail. Each petitioner was ordered to furnish a bail bond of Rs 10,000 with two sureties of the same amount and to appear at the police station every Sunday, failing which the bail would be cancelled.
Issues considered
- Whether regular bail can be granted to accused persons with prior criminal antecedents for an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- regular bail
- criminal antecedents
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83955 of 2025
Arising Out of PS. Case No.-1205 Year-2025 Thana- PHULWARISHARIF District- Patna
======================================================
1. Prakash Kumar S/O Raju Paswan R/O- Nehru Nagar Patliputra, P.S.-
Patliputra, Distt- Patna
2. Om Prakash Manjhi S/O late Shrawan Manjhi @ Shravan Manjhi R/O-
Nehru Nagar Harijan Tola, P.S.- Patliputra, Distt- Patna
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh
For the Opposite Party/s : Mr.Syed Mojibur Rahman
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 09-01-2026 Heard the learned counsel for the petitioners and the
learned APP for the State.
2. This is the 2nd attempt of the petitioners. The
petitioners seeks regular bail in connection with Phulwarisharif
(Janipur) P.S. Case No. 1205 of 2025 registered for the offence
under Sections 30(a) of the Bihar Prohibition and Excise Act.
4. The learned counsel for the petitioners has
submitted that earlier the petitioners were granted bail by this
Court on 23.09.2025 in Cr. Misc. No. 63397 of 2025. He further
submits that due to inadvertence, the criminal antecedents of the
petitioners could not be stated in the earlier bail petition. The
petitioner No. 1 has two criminal antecedents and the petitioner
Patna High Court CR. MISC. No.83955 of 2025(2) dt.09-01-2026
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no. 2 has one criminal antecedent. The petitioners are in custody
since 26.07.2025.
5. Learned A.P.P. has vehemently opposed the prayer
for bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, let the petitioners, above named, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned concerned Court below, Patna in
connection with Phulwarisharif (Janipur) P.S. Case No. 1205 of
2025 subject to condition that:-
(i). The petitioners will mark their
attendance at the Patliputra Police Station
on every Sunday of each month. Any default
in appearance at the Police Station would
result in cancellation of bail bonds of the
petitioners.
(Sandeep Kumar, J)
Shishir/-
U T
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