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

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

What the court decided

AI extract

Outcome

Anticipatory bail granted: petitioner to be released on bail upon arrest or surrender before the Court below within six weeks, on bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the Exclusive Special Excise Court No. II Gopalganj/successor Court, subject to Section 482(2) BNSS 2023 and the five enumerated conditions.

Issue for consideration

Whether the petitioner, who apprehends arrest in connection with Mirganj PS Case No. 279 of 2025 (under S. 317(5) BNS with S. 30(a) Bihar Prohibition and Excise Act, 2018), should be released on bail in the event of arrest or surrender. +1 more

Court's answer

In the event of arrest or surrender before the Court below within six weeks, the petitioner shall be released on bail upon furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned Exclusive Special Excise Court No. II Gopalganj/successor Court Gopalganj, in Mirganj PS Case No. 279 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023.

Ratio / Principle

The bail is made subject to five further conditions: (i) cooperation in the trial with proper representation on each date fixed, failing which (absence on two consecutive dates without sufficient reason) the bail bond shall be cancelled by the court below; (ii) one bailor to be the petitioner's own blood relation, preferably father, mother, brother, sister and/or wife; (iii) the bailor to state on affidavit that he will inform the court if the petitioner is made accused in any other similar case, whereupon the court below may initiate cancellation proceedings for misuse; (iv) liberty to the prosecution to move for cancellation if the petitioner tampers with evidence or witnesses; and (v) appearance before the SHO of the concerned police station in the first week of each month till the framing of charge.

Key takeaways

The anticipatory bail application stands allowed.ratio¶¶21

Detailed headnote1 paragraphs

Anticipatory (pre-arrest) bail granted — Patna High Court (Khatim Reza, J, 08-10-2025) in CRIMINAL MISCELLANEOUS No.68994 of 2025: petitioner apprehends arrest in Mirganj PS Case No. 279 of 2025 dated 01-06-2025, instituted under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act, 2018, alleging recovery of 11.160 litres of foreign liquor concealed under the seat and tank of motorcycle BR 29AD-2705. Counsel submitted the petitioner was falsely implicated, nothing recovered from his conscious possession or house, he had no concern with the seized motorcycle, was not apprehended at the spot, and was implicated on a local chowkidar's disclosure; three similar criminal cases were noted as pending. Bail allowed upon arrest/surrender within six weeks on bonds of Rs. 10,000/- with two sureties of like amount to the Exclusive Special Excise Court No. II Gopalganj, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and conditions including trial cooperation, a blood-relation bailor with affidavit disclosure, no tampering with evidence/witnesses, and monthly appearance before the SHO until framing of charge.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.68994 of 2025

Arising Out of PS. Case No.-279 Year-2025 Thana- MIRGANJ District- Gopalganj

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

Prince Kumar @ Prince Kumar Ram @ Prince Ram, Male, aged about 22 years, Son of Shambhu Nath Ram Resident of Village - Dudahi, Kusoudhi Tola, P.S.- Mirganj, District - Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Kumar Harshvardhan, Advocate For the Opposite Party/s : Mr.Ramesh Chandra, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

2 08-10-2025 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner apprehends arrest in connection with Mirganj PS. Case No. 279 of 2025 dated 01-06-2025, instituted under Section 317(5) of the BNS and Section 30(a) of the Bihar Prohibition and Excise Act,2018 .

3 .The allegation is of recovery of 11.160 litres of foreign liquor concealed under the seat and tank of the motorcycle bearing Registration No. BR 29AD-2705.

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

Patna High Court CR. MISC. No.68994 of 2025(2) dt.08-10-2025 2/3

or from his house. The petitioner has no concern whatsoever with the seized motorcycle. Further submission is that the petitioner was not apprehended at the spot. The petitioner has been implicated merely on the basis of a disclosure made by the local chowkidar. Lastly, it is submitted that there are three other criminal cases of a similar nature are pending against the petitioner.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, 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 Special Excise Court No. II Gopalganj/ successor Court Gopalganj, in Mirganj PS. Case No. 279 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023 and further (i) that the petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below, (ii) that one of the bailors

Patna High Court CR. MISC. No.68994 of 2025(2) dt.08-10-2025 3/3

will be his own blood relation, preferably father, mother, brother, sister and or his wife, (iii) that the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse (iv) that if the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail and (v) that the petitioner will appear before the SHO of concerned PS in the first week of each month till the framing of charge in this case.

7 . The application stands allowed.

(Khatim Reza, J)

shyambihari/-

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