Patna High Court
Basudev KewatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail is allowed.
Summary
Basudev Kewat was arrested on 4 February 2026 in connection with an excise case (No. 79c2 of 2026) alleging possession of 5 litres of illegal liquor and 41 kg of Jawa Mahua solution, offences punishable under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating he was a labourer returning home after work and was detained only on suspicion due to prior antecedents. The State opposed bail, arguing the seriousness of the alleged contravention. The Court examined the custody period, the nature of the alleged offence, and the petitioner's personal circumstances. It concluded that the reasons for continued detention were not compelling enough to deny regular bail. Accordingly, the Court ordered the petitioner’s release on bail of Rs. 10,000 with two sureties and imposed attendance conditions at the police station.
Issues considered
- Whether regular bail should be granted to the accused in an excise case under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts and custody period.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- excise
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17547 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- Excise P.S. District- Lakhisarai
======================================================
Basudev Kewat son of Brijnandan Kewat Resident of Village- Jokmaila, Ward
No. 18, P.S. -Lakhisarai District- Lakhisarai
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shaukat Alam, Adv.
For the Opposite Party/s : Mr. Md. Nazir Ansari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 14-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The present application has been filed seeking
regular bail in connection with Excise P.S. Case No. 79c2 of
2026, registered for the offences punishable under Section 30(a)
of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is a recovery of 5
liters of illegal liquor and 41 kg of Jawa Mahua solution. The
petitioner is in custody since 04.02.2026.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He further
submits that the petitioner is a labour and he was coming back
to his home after finishing his work and in the meantime, on the
Patna High Court CR. MISC. No.17547 of 2026(3) dt.14-05-2026
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basis of suspicion, the police apprehended him due to his
previous antecedent.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case, the period of custody and the submissions advanced on
behalf of the parties, the application for bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Excise P.S. Case
No. 79c2 of 2026, subject to the following conditions:-
(i) The petitioner shall mark his
attendance at Lakhisarai Police Station on
every first and third Sunday of each month.
In the event of default, the bail bonds shall
be liable to be cancelled.
8. It is made clear that any observation made herein
is prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
Patna High Court CR. MISC. No.17547 of 2026(3) dt.14-05-2026
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and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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