Patna High CourtCR. MISC./6503/2026bail granted

Prem Kumar Chaubey v. The State Of Bihar

2026-02-02Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6503 of 2026 Arising Out of PS. Case No.-295 Year-2025 Thana- Excise P.S. District- Saran ====================================================== Prem Kumar Chaubey S/O Late Janardan Choubey R/O Village- Lauwari (Banpura Bazar), P.S- Rasulpur, Distt.- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dewendra Narayan Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in Sadar Excise P.S. case No. 295 of 2025 instituted for the offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act.

3. The prosecution case, in short, is that 180.480 liters liquor was recovered from Scorpio.

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.

Patna High Court CR. MISC. No.6503 of 2026(2) dt.02-02-2026 2/3 The petitioner has got no concern with the alleged recovery of liquor. It is further submitted that the vehicle in question does not belong to the petitioner. The petitioner is driver of the vehicle in question and he had no knowledge regarding nature of goods kept in the vehicle. The petitioner is in custody since 12.11.2025 and has got two criminal antecedents. There is no compliance of Section 103 of B.N.S.S., 2023.

5. Learned A.P.P. 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/- (Fifteen thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sadar Excise P.S. case No. 295 of 2025 subject to the following conditions:

(I) One of the bailors shall be own/close member

Patna High Court CR. MISC. No.6503 of 2026(2) dt.02-02-2026 3/3 of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Pankaj/- U T