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Patna High Court

Uday KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to regular bail upon furnishing a bail bond of Rs.5,000 and two sureties of the same amount.

Summary

Uday Kumar was charged under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for alleged recovery of 340.200 litres of liquor and 1,600 kg of Mahua flower from a pick‑up vehicle. The petitioner argued that he was not arrested at the spot, had no conscious possession of the seized goods, and was not the owner of the vehicle, contending that the case was based on secret information without proper investigation. He had been in custody since 15‑02‑2026 and sought regular bail, assuring the court of his cooperation and that he would not abscond. The State opposed the bail. The court, after considering the submissions, held that there was no material risk of the petitioner fleeing or tampering with evidence and therefore granted bail on condition of a Rs.5,000 bond and two sureties of equal amount.

Issues considered

  • Whether the petitioner is entitled to regular bail in a case under the Bihar Prohibition and Excise (Amendment) Act, 2022.

Subjects

  • bail
  • excise law
  • prohibition
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20653 of 2026
                       Arising Out of PS. Case No.-211 Year-2025 Thana- TANKUPPA District- Gaya
                 ======================================================
                 Uday Kumar S/o Ambika Yadav R/o Village- Asurain, P.S.- Tankuppa,
                 District- Gaya ji
                                                                    ... ... Petitioner/s
                                            Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Pushp Raj Singh, Advocate
                 For the Opposite Party/s :       Mr. Arun Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   18-04-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a) and 30(d) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of four cases out of which three cases

                   are under the Excise Act and allegation is of recovery of

                   340.200 litres of liquor from a Pick-Up along with 1600 Kgs. of

                   Mahua Flower.

                                4. Learned counsel for the petitioner submits that

                   petitioner was not arrested from the spot, as such, nothing was

                   recovered from his conscious possession. It is further submitted

                   that petitioner is not the owner of the seized vehicle and came to

                   be implicated based on the secret information which is the
           Patna High Court CR. MISC. No.20653 of 2026(2) dt.18-04-2026
                                                       2/2




                     easiest way to implicate someone. It is next submitted that once

                     an accused is implicated in a case relating to excise the police

                     start implicating mechanically either at the instance of the

                     Chawkidar, local person, confessional statement or secret

                     information without holding a proper investigation of the case.

                     It is next submitted that petitioner is in custody since 15.02.2026

                     and if the privilege of regular bail is granted to the petitioner,

                     the petitioner will not abscond rather will cooperate in the trial

                     to prove his innocence.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     regular bail of the petitioner.

                                  6. Considering the submissions made by the learned

                     counsel appearing on behalf of the petitioner, the petitioner,

                     above-named, is directed to be released on bail on furnishing

                     bail bonds of Rs.5,000/- (Rupees Five Thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Trial Court where the case is pending in connection with

                     Tankuppa P.S. Case No. 211 of 2025.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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