Patna High CourtCR. MISC./11462/2026bail granted

Prem Kumar v. The State Of Bihar

2026-02-17Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11462 of 2026 Arising Out of PS. Case No.-19 Year-2026 Thana- Excise P.S. District- Buxar ====================================================== PREM KUMAR, Son of Nagendra Kumar @ Nagendra Prasad, Resident of Village and P.S.- Koransarai, Ward No.- 09, District - Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-02-2026 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner seeks bail in connection with Excise Buxar P.S. Case No. 19 of 2026 dated 15.01.2026 registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

3. The allegation is of recovery of 681.120 litres foreign liquor from trolley attached to the tractor being driven by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that nothing has been recovered from the conscious possession of the petitioner. It is further

Patna High Court CR. MISC. No.11462 of 2026(2) dt.17-02-2026 2/2 submitted that the petitioner has no connection with the recovery of the seized liquor. It is also submitted that the petitioner is not the owner of the said seized vehicle. Further, it is submitted that the seizure list has not been prepared in accordance with the law under Section 103 of the B.N.S.S.. The petitioner is in custody since 16.01.2026, having no criminal antecedent and charge-sheet has been submitted in the case.

5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Excise Special Court No. 2, Buxar in connection with Excise Buxar P.S. Case No. 19 of 2026.

(Khatim Reza, J) prabhat/- U T