Patna High Court
Buddhan Bhagat @ Budho BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court held that bail should be granted subject to the stipulated bond and conditions.
Summary
The petitioner, Buddhan Bhagat, was arrested for allegedly carrying two litres of country‑made liquor in violation of Section 30(a) of the Bihar Prohibition and Excise Act. He claimed innocence, asserting that no incriminating material was recovered and that he had been falsely implicated. The petitioner had four prior cases, was on bail in three, and had been in custody since 21‑03‑2026. The State opposed bail, but the court considered the modest quantity of liquor, the length of custody, and the petitioner’s circumstances. The court ordered his release on bail upon furnishing a Rs.10,000 bond with two sureties, imposing conditions such as a close relative as bailor and mandatory court appearances, with cancellation provisions for non‑compliance.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the quantity of liquor seized and the period of custody.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- criminal procedure
- bail conditions
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32392 of 2026
Arising Out of PS. Case No.-20 Year-2026 Thana- PIPRIYA District- Lakhisarai
======================================================
Buddhan Bhagat @ Budho Bhagat S/o- Late Bhola Bhagat R/v- Karari
Piparia Ps- Piparia Dist- Lakhisarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mukesh Kumar, Advocate
For the Opposite Party/s : Md.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner seeks bail in
connection with Pipariya P.S. Case No. 20 of 2026, registered
for the offences under Section 30(a) of the Bihar Prohibition and
Excise Act.
3. As per prosecution case, petitioner was
apprehended carrying two litre country made liquor.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in this case. Nothing incriminating has been
recovered from the person or possession of the petitioner.
Petitioner is having antecedent of four cases and he is on bail in
three cases. Petitioner is in custody since 21.03.2026.
Patna High Court CR. MISC. No.32392 of 2026(2) dt.12-05-2026
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5. Learned APP appearing for the State opposes the
submission made on behalf of the petitioner.
6. Having regard to the fact and circumstances and
submission made on behalf of the parties and considering the
quantity of recovered liquor and period of custody of the
petitioner, the petitioner is directed to be released on bail, on
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand
Only) each with two sureties of the like amount each to the
satisfaction of learned Principal District & Additional Sessions
Judge-VII-cum-Exclusive Special Excise Court-II, Lakhisarai
/concerned court, in connection with Pipariya P.S. Case No. 20
of 2026, subject to the condition laid down under Section 480(3)
of the BNSS and other following conditions:
(i) One of the bailors will be a close
relative of the petitioner.
(ii) The petitioner will remain present on
each and every date fixed by the court
below, if so required by the learned trial
court.
(iii) In case of absence on three
consecutive dates or in violation of the
terms of the bail, the bail bond of the
Patna High Court CR. MISC. No.32392 of 2026(2) dt.12-05-2026
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petitioner will be liable to be cancelled
by the court concerned.
(Arun Kumar Jha, J)
Anuradha/-
U T
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