Dismissed¶¶20

Prabhat Kumar @ Ladoo v. The State of Bihar

Patna HC22 Apr 2026CR. MISC./26919/2026

Case brief

AI extract

What is this about?

Patna High Court, CR. MISC. No.26919 of 2026, decided 22-04-2026 by Dr. Anshuman, J.: anticipatory bail REJECTED under Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022 (Sidhwaliya P.S. Case No. 21 of 2026, Gopalganj; 120 liters illicit liquor on motorcycle); four-week surrender window with same-day consideration of surrender-cum-bail application directed, without prejudice. Counsel: Indrajeet Bhushan (petitioner); Sanjay Kumar Sharma, APP (State).

What did the court decide?

No bail granted; however, if the petitioner surrenders before the Trial Court within four weeks, the Trial Court is directed to consider and decide his surrender-cum-bail application on the same day, in accordance with law and without prejudice to this rejection. ¶¶20

Prabhat Kumar @ Ladoo Vs The State of Bihar — Patna HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶20

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest in Sidhwaliya P.S. Case No. 21 of 2026 (Section 30(a), Bihar Prohibition and Excise (Amendment) Act, 2022).

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Court's answer

The Court was not inclined to grant bail to the petitioner.

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Ratio / Principle

The petitioner's prayer for bail pending before the learned District and Additional Sessions Judge XIII-cum-Special Excise Court No.1, Gopalganj is rejected.

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Key takeaways

If the petitioner surrenders before the learned Trial Court within four weeks, the Trial Court is directed to consider and pass an order on his surrender-cum-bail application on the same day.ratio¶¶21
The surrender-cum-bail application is to be dealt with in accordance with law, without being prejudiced by the rejection of the petitioner's anticipatory bail by this Court.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory bail — rejection. The Patna High Court (Dr. Anshuman, J.) declined bail to the petitioner apprehending arrest in Sidhwaliya P.S. Case No. 21 of 2026 (registered 28.01.2026) for an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, in which, per prosecution, 120 liters of illicit liquor loaded on a motorcycle was recovered; counsel contended nothing was recovered from the petitioner's conscious possession and his name surfaced only through a local Chaukidar's suspicion, while the APP pointed to his ownership of the motorcycle. The prayer for bail pending before the District and Additional Sessions Judge XIII-cum-Special Excise Court No.1, Gopalganj was rejected, with a direction that if the petitioner surrenders within four weeks, the Trial Court shall consider and pass an order on his surrender-cum-bail application the same day, in accordance with law and without being prejudiced by this rejection.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.26919 of 2026

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Arising Out of PS. Case No.-21 Year-2026 Thana- SIDHWALIYA District- Gopalganj

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====================================================== Prabhat Kumar @ Ladoo Son of Arun Sah Resident of Village- Sareya Pahar, P.S.- Sidhwaliya, District- Gopalganj, Bihar

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Indrajeet Bhushan, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Sharma, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN

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ORAL ORDER

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2 22-04-2026

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Heard learned Counsel for the petitioner and learned

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APP for the State.

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The petitioner is apprehending arrest in connection with Sidhwaliya P.S. Case No. 21 of 2026 registered on 28.01.2026 for the offences punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

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As per prosecution, total recovery of 120 liters illicit Liquor, loaded on motorcycle, is the subject matter of the present case.

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It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. Nothing has been recovered from the conscious physical

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Patna High Court CR. MISC. No.26919 of 2026(2) dt.22-04-2026 2/3

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possession of the petitioner. The name of the petitioner has surfaced in the present case only on the ground that the motorcycle belonging to the petitioner was seized from the alleged place of occurrence. Except for the same, there is no material against the petitioner. In fact, the petitioner’s name was disclosed by the local Chaukidar merely on suspicion, and there is no substantive evidence against the petitioner apart from such suspicion. It is further submitted that the petitioner is also accused in two other criminal cases.

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Learned APP for the State opposes the prayer for bail and submits that the petitioner is the registered owner of the motorcycle from which the alleged recovery has been made.

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In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with the aforementioned case, pending before the learned District and Additional Sessions Judge XIII-cum-Special Excise Court No.1, Gopalganj is hereby rejected.

¶21

However, if the petitioner surrenders before the learned Trial Court within a period of four weeks from today, the Trial Court is directed to consider and pass an order on his surrender-cum-bail application on the same day, in accordance

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Patna High Court CR. MISC. No.26919 of 2026(2) dt.22-04-2026 3/3

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with law without being prejudiced by the rejection of the petitioner’s anticipatory bail by this Court.

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(Dr. Anshuman, J)

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Ashwini/-

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U T

Prabhat Kumar @ Ladoo v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Prabhat Kumar @ Ladoo v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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