Prince Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16835 of 2026 Arising Out of PS. Case No.-6 Year-2026 Thana- DANAPUR RAIL P.S. District- Patna ====================================================== Prince Kumar Son of Ravindra Sharma @ Ravindra Thakur R/o Village - Islampur Bus Stand, P.S. - Islampur, Dist. - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Aryan Singh, Advocate For the State :

Ms. Surabhi Nirmal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 17-03-2026 Heard Mr. Aryan Singh, learned counsel for the petitioner and Ms. Surabhi Nirmal, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 10.01.2026, in connection with Special Excise Case No. 95 of 2026 arising out of Danapur Rail P..S. Case No. 06 of 2026, F.I.R. dated 09.01.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 97.650 litres of Indian made foreign liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. She further submits that it appears from the F.I.R. that nothing has been recovered from the conscious possession of the petitioner rather recovery has been

Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026 2/3 made from the train in question and the petitioner has been made accused on the basis of suspicion and altogether 97.650 litres of Indian made foreign liquor was recovered from the trolly and bag in question. She further submits that there is noncompliance of Sections 103 and 105 of BNSS, 2023 and the police personnel are the seizure list witnesses and the petitioner is in custody since 10.01.2026.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the case and the fact that there is non-compliance of Sections 103 and 105 of the BNSS, 2023, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge, Danapur, Patna in connection with Special Excise Case No. 95 of 2026 arising out of Danapur Rail P..S. Case No. 06 of 2026, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.16835 of 2026(2) dt.17-03-2026 3/3 on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T