Patna High Court
Subodh BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail may be granted where the petitioner is not in physical possession of the seized liquor, the prosecution has not shown compliance with mandatory search‑seizure requirements, and prior antecedents do not automatically bar bail.
Summary
The petitioner, Subodh Baitha, sought bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, where 18.675 litres of foreign liquor was seized from a co‑accused’s backpack. Baitha argued that he had no physical or conscious possession of the liquor and that the seizure violated mandatory search‑seizure provisions because there was no independent witness. The State opposed bail, citing four prior similar offences, though Baitha was already on bail in those matters. The Court examined the facts, noted the lack of direct possession and the procedural lapse, and held that these factors outweighed the antecedents. Consequently, the Court ordered bail on a bond of Rs 10,000 with two sureties, subject to cooperation, a family member as a bailor, and conditions under Cr.P.C. §§ 438(2) and 482(2).
Issues considered
- Whether the petitioner is entitled to bail despite alleged involvement in the seizure of foreign liquor under the Bihar Prohibition and Excise Amendment Act, 2022.
- Whether the seizure was conducted in violation of mandatory search‑seizure provisions due to the absence of an independent witness.
- Whether the petitioner’s prior criminal antecedents preclude the grant of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
Subjects
- bail
- search and seizure
- foreign liquor
- Bihar Prohibition and Excise Amendment Act
- CrPC 438
- CrPC 482
- prior criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17963 of 2026
Arising Out of PS. Case No.-136 Year-2024 Thana- SONBERSA District- Sitamarhi
======================================================
Subodh Baitha Son of Chhedi Baitha Resident of Village- Ramnagra, P.S.-
Riga, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar
For the Opposite Party/s : Mr.Shyam Bihari Singh
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 03-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Amendment Act, 2022.
3. Perusal of the first information report and the
seizure list, would go to show that 18.675 liters of foreign liquor is
said to have been recovered from the backpack which was being
carried by co-accused Amit Kumar.
4. It is submitted by learned counsel for the petitioner
that there is no recovery from the physical and conscious
possession of the petitioner. As a matter of fact, the name of the
petitioner has transpired as he is the owner of the said scooty
which was being used by Amit Kumar. It is further submitted that
the mandatory provisions of search and seizure have been violated
Patna High Court CR. MISC. No.17963 of 2026(2) dt.03-04-2026
2/2
as there is no independent witness to the seizure list.
5. Learned APP for the State opposes the prayer for
bail on the ground that petitioner has four criminal antecedents of
similar nature of the offence, to which, learned counsel for the
petitioner submits that the petitioner is on bail in all the cases.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner in the
event of his arrest or surrender before the learned Court below
within a period of four weeks from today, be enlarged on bail on
furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the
learned court below where the case is pending/successor court in
connection with Sonbarsa P.S. Case No. 136 of 2024, subject to
the condition as laid down under Section 438 (2) of the
Cr.P.C./482(2) of the B.N.S.S., subject to the further conditions:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) One of the bailors will be a family member/close
relative.
(Soni Shrivastava, J)
devendra/-
U T
Checking your session…