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Patna High Court

Buddhan Bhagat @ Budho BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




                       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
                                                         3/3




                                               petitioner will be liable to be cancelled

                                               by the court concerned.



                                                 (Arun Kumar Jha, J)
Anuradha/-

U      T


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