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2026 DAILYLAW 20055 (PAT)

Prem kumar v. The State of Bihar

CR. MISC./38027/2026 · 2026-06-17

Arun Kumar Jha

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38027 of 2026 Arising Out of PS. Case No.-182 Year-2026 Thana- JALALPUR District- Saran ====================================================== Prem Kumar Son of Ramdev Ray Resident of Village- Lauwan Kala, Ps- Baniyapur, Dist- Chapra Saran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Alok Kumar Alok, Advocate For the Opposite Party/s : Ms. Pronoti Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 2 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 02. In the present case, the petitioner seeks bail in connection with Jalalpur P.S. Case No. 182 of 2026 registered for the alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016. 03. As per prosecution case, petitioner and co-accused child was found carrying 200 liters of country made chulai liquor in their e-rickshaw which was being driven by the co- accused. 04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The petitioner was merely a co-passenger in the said e- rickshaw along with two other passengers. Those passengers Patna High Court CR. MISC. No.38027 of 2026(2) dt.17-06-2026 2/3 were carrying illicit liquor who fled away when the police intercepted the e-rickshaw. Therefore, nothing incriminating has been recovered from the conscious possession of the petitioner who was apprehended merely on suspicion. Learned counsel further submits that the petitioner is having antecedent of two cases and he is on bail in both the cases. The petitioner is in custody since 12.05.2026. 05. Learned APP for the State opposes the submission made on behalf of the petitioner. 06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of recovery and period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court-II, Saran at Chapra/court concerned in connection with Jalalpur P.S. Case No. 182 of 2026, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner. (ii) The petitioner will remain present on each and Patna High Court CR. MISC. No.38027 of 2026(2) dt.17-06-2026 3/3 every date fixed by the court below. (iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned. Ashish/- (Arun Kumar Jha, J) U T