Prabhakar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22671 of 2026 Arising Out of PS. Case No.-60 Year-2026 Thana- BARUN District- Aurangabad ====================================================== Prabhakar Kumar Son of Late Uma Shankar Seth Resident of Village- DehriOn-Sone, P.S.- Dalmianagar, District- Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Pandey, Advocate For the State :

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-04-2026 Heard Mr. Binod Kumar Pandey, learned counsel for the petitioner and Mr. Braj Kishore Pd., learned APP for the State.

2. Petitioner seeks bail, who is in custody since 04.02.2026, in connection with Barun P.S. Case No. 60 of 2026, F.I.R. dated 04.02.2026 registered for the offences punishable under Sections 30(a) of the Bihar Prohibition & Excise Act.

3. Recovery is of 63litres of country made liquor.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. It appears from the F.I.R. as well as seizure list that altogether 63 litres of country made liquor was recovered from the car in question which suggests that nothing has been recovered from the conscious possession of

Patna High Court CR. MISC. No.22671 of 2026(2) dt.07-04-2026 2/3 the petitioner and petitioner is not the owner of the vehicle in question. He further submits it appears from the seizure list that the seizure list witnesses are police personnel and the petitioner is in custody since 04.02.2026.

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 nothing has been recovered from the conscious possession of the petitioner, 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 A.D.J. cum- Exclusive Special Court No. 01, Aurangabad in connection with Barun P.S. Case No. 60 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 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

Patna High Court CR. MISC. No.22671 of 2026(2) dt.07-04-2026 3/3 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