Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22852 of 2026 Arising Out of PS. Case No.-60 Year-2026 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Prince Kumar son of Guddu Mahto R/O Village - Patel Chouk, P. S - L. N. M. U, (University), District - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Nawal Kishor Prasad, Advocate For the Opposite Party/s :
Mr.Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 08-04-2026 Heard Mr.Nawal Kishor Prasad, learned counsel for the petitioner and Mr.Khurshid Anwar, learned A.P.P. for the State.
2. The petitioner seeks bail, who is in custody since 02.03.2026 in connection with L.N.M.U. (University) P.S. Case No. 60 of 2026, F.I.R. dated 01.03.2026 registered for the offence punishable under Section 30(a) of Bihar Prohibition and Excise (Amendment)Act, 2022.
3. Recovery is of 57 liters of Nepali liquor.
4. Learned counsel appearing for the petitioner submits that it appears from the FIR as well as the seizure list that nothing has been recovered from conscious possession of the petitioner rather the recovery has been made from the
Patna High Court CR. MISC. No.22852 of 2026(2) dt.08-04-2026 2/3 motorcycle in question and altogether 57 liters of Nepali liquor was recovered. Learned counsel for the petitioner submits that there is non-compliance of Sections 103 and 105 of BNSS, 2023 and the petitioner is in custody since 02.03.2026.
5. Learned APP for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries one more case other than the present one but he fairly submits that the petitioner is on bail in the said case, as mentioned in para-3 of the bail petition.
6. Considering the aforesaid fact, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge-II, (Excise Act), Darbhanga in connection with L.N.M.U. (University) P.S. Case No. 60 of 2026, with the following conditions:- (I) 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/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.22852 of 2026(2) dt.08-04-2026 3/3 witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) 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 antecedent, 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) Nitesh/- U T