Patna High Court
Satyam DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Regular bail was granted to the petitioner.
Summary
Satyam Das was arrested in connection with a case alleging that 379.980 litres of foreign liquor were recovered from an orchard, and was charged under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. The petitioner contended that no liquor was found in his possession, that he was implicated solely on the basis of a local chowkidar's statement, and that he had been in custody since 18 May 2026. The State opposed his request for regular bail. The court noted that a co‑accused, Santosh Mandal, had been granted anticipatory bail in a similar matter and, considering the lack of direct evidence against the petitioner, decided to grant regular bail on a bond of Rs. 10,000 with two sureties. The order released the petitioner on regular bail.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 despite the allegations.
- Whether the evidence, primarily a chowkidar's statement, is sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
Subjects
- bail
- regular bail
- anticipatory bail
- Bihar Prohibition and Excise Act
- foreign liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44373 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MANIGACHI District- Darbhanga
======================================================
Satyam Das, aged about 32 years, Son of Ram Sewak Das, Resident of
Village and P.O. - Putai Patai, P.S.- Manigachhi, District- Darbhanga, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jyoti Prakash, Advocate
For the Opposite Party/s : Ms. Veena Kumari Jaiswal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with
Manigachhi P.S. Case No. 82 of 2026 instituted for the offences
punishable under Section 30(a) of the Bihar Prohibition and
Excise Act, 2022.
3. As per allegation in the FIR, total 379.980 litres of
foreign liquor has been recovered from an orchard.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence and has
falsely been implicated in this case merely on the basis of
suspicion. He submits that no incriminating articles have been
recovered from the conscious possession of the petitioner or
from his house. He further submits that the petitioner has been
made accused only on the basis of the statement of local
Patna High Court CR. MISC. No.44373 of 2026(2) dt.08-07-2026
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Chowkidar. Petitioner was not arrested at the spot and there is
no independent witness of the seizure list. Petitioner is in
custody since 18.05.2026.
5. Learned APP for the State opposes the prayer for
regular bail of the petitioner.
6. From perusal of the FIR, seizure list and impugned
order of the learned I/C Exclusive Special Judge-II (Excise Act),
Darbhanga dated 26.05.2026, it appears that petitioner is named
in the FIR and his name surfaced in this case on the basis of the
statement of local Chowkidar. From perusal of the records, it
appears that on the basis of written report of the informant, FIR
has been registered under Sections 30(a) of the Bihar
Prohibition and Excise Act, 2022 and the allegation is of total
379.980 litres of foreign liquor has been recovered from an
orchard. Similarly situated co-accused person namely Santosh
Mandal has been granted provisional anticipatory bail by a
Bench of this Court in Cr. Misc. No. 37514 of 2026 vide order
dated 17.06.2026, so considering all these aspects of the case
and submission of learned counsel for the petitioner, I am
inclined to grant regular bail to the above named petitioner.
7. Accordingly the prayer for regular bail of the
petitioner is allowed. Let the petitioner above named be
Patna High Court CR. MISC. No.44373 of 2026(2) dt.08-07-2026
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released on regular bail on 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 Judge-II, (Excise
Act), Darbhanga in connection with Manigachhi (Darbhanga)
P.S. Case No. 82 of 2026.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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