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Prem Kumar @ Prem Ram v. The State of Bihar

Patna HC24 Sept 2025CR. MISC./65868/2025

Case brief

AI extract

What is this about?

Anticipatory bail granted; Bihar Prohibition and Excise Act section 30(a); B.N.S. Sections 274, 275, 3(5); illicit liquor recovery 45 liters; Darpa P.S. Case No. 179 of 2024, East Champaran; bail bond Rs. 10,000 with two like sureties; surrender/arrest window six weeks; Exclusive Special Excise Court No. 2, Motihari; conditions under section 482(2) B.N.S.S.; petitioner Prem Kumar @ Prem Ram; coram Alok Kumar Pandey, J; decided 24-09-2025.

What did the court decide?

Anticipatory bail: petitioner to be released, in the event of arrest or surrender within six weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 2, East Champaran, Motihari, subject to conditions under section 482(2) of the B.N.S.S. ¶25

Prem Kumar @ Prem Ram Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, apprehending arrest in Darpa P.S. Case No. 179 of 2024 registered under Sections 274, 275, 3(5) of B.N.S. and section 30(a) of the Bihar Prohibition and Excise Act, should be released on anticipatory bail.

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Court's answer

Anticipatory bail granted: considering the facts and circumstances, arguments of both sides and material on record, the petitioner, in the event of arrest or surrender within a period of six weeks from the date of the order, is to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each.

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Ratio / Principle

Bail bond and sureties to be furnished to the satisfaction of Exclusive Special Excise Court No. 2, East Champaran, Motihari, in connection with Darpa P.S. Case No. 179 of 2024.

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Key takeaways

Release is subject to the conditions laid down under section 482(2) of the B.N.S.S.ratio¶24

Detailed headnote1 paragraphs

Patna High Court (Alok Kumar Pandey, J) allowed an anticipatory bail application in CRIMINAL MISCELLANEOUS No.65868 of 2025 arising out of Darpa P.S. Case No. 179 of 2024 (District East Champaran), registered under Sections 274, 275, 3(5) of B.N.S. and section 30(a) of the Bihar Prohibition and Excise Act, involving alleged recovery of 45 liters of illicit Nepali Kasturi liquor with the petitioner named by apprehended co-accused. Considering the arguments of both sides and material on record, the court directed that the petitioner, if arrested or surrendering within six weeks, be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Exclusive Special Excise Court No. 2, East Champaran, Motihari, subject to the conditions laid down under section 482(2) of the B.N.S.S.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.65868 of 2025

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Arising Out of PS. Case No.-179 Year-2024 Thana- DARPA District- East Champaran

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Prem Kumar @ Prem Ram S/o Jagdeo Ram @ Jagdev Ram R/o VillageTinkoni, P.S.- Darpa, Distt.- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Subodh Kumar Barnwal, Adv. For the Opposite Party/s : Ms.Sangeeta Sharma, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER

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2 24-09-2025

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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Petitioner is apprehending arrest in connection with Darpa P.S. Case No. 179 of 2004 registered for the offences punishable under Sections 274, 275, 3(5) of B.N.S. and section 30(a) of the Bihar Prohibition and Excise Act.

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As per prosecution case, there is alleged recovery of 45 liters illicit Nepali Kasturi liquor kept in three sacks thrown by three apprehended accused persons. Apprehended accused persons disclose the name of the petitioner who is said to have fled away from the place of occurrence.

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Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged

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Patna High Court CR. MISC. No.65868 of 2025(2) dt.24-09-2025 2/3

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in the first information report and he has been falsely implicated in this case. He further submits that except disclosure of apprehended co-accused, there is nothing on record to connect the present petitioner with the alleged occurrence. No incriminating article has been recovered from possession of the petitioner. Petitioner bears criminal antecedent of one case in which he is on bail. It is submitted that because of having criminal antecedent petitioner has been falsely implicated in the present case without any basis. In the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioner under the provisions of Bihar Prohibition and Excise Act.

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The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioner.

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Considering the facts and circumstances of the case, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner, above named, in the event of arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Exclusive Special Excise

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Patna High Court CR. MISC. No.65868 of 2025(2) dt.24-09-2025 3/3

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Court No. 2, East Champaran, Motihari in connection with Darpa P.S. Case No. 179 of 2024, subject to the conditions as

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laid down under section 482(2) of the B.N.S.S.

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