Patna High Court
Bhuar TurhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Bhuar Turha, was arrested in connection with an alleged recovery of 1,000 litres of liquor and seizure of a motorcycle under Section 30(a) of the Excise Act. He argued that he had no conscious possession of the liquor or the vehicle and that the complaint was based on the testimony of a watchman with whom he had an inimical relationship. The petitioner highlighted his clean antecedents and assured the court of his cooperation and that he would not abscond. The State opposed the bail application. After considering the submissions, the court ordered the petitioner to be released on regular bail upon furnishing a bond of Rs.5,000 with two sureties, and the application was allowed.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Excise Act given the alleged facts.
- Whether the absence of conscious possession and the petitioner’s clean antecedent justify bail.
- Whether the risk of the petitioner absconding warrants denial of bail.
Legislation cited
- Excise Act — s. 30(a)
Subjects
- bail
- Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
- clean antecedent
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22961 of 2026
Arising Out of PS. Case No.-860 Year-2025 Thana- MANER District- Patna
======================================================
Bhuar Turha S/o Sanker Turha R/o Village- Chakiya Tola, Chhitnawan, P.S.-
Maner, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sheo Jee Mishra
For the Opposite Party/s : Mr.Vinod Shanker Modi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Excise Act.
3. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and allegation is
of recovery of 1000 litres of liquor from a place near a bridge
and a motorcycle was seized.
4. The learned counsel for the petitioner submits that
petitioner was not arrested from the spot, as such, nothing was
recovered from his conscious possession and is not the owner of
the seized vehicle and he came to be implicated at the instance
of Chaukidar with whom he is on an inimical term. It is further
submitted that if Chaukidar was aware of the involvement of the
Patna High Court CR. MISC. No.22961 of 2026(2) dt.18-04-2026
2/2
petitioner in the occurrence, then why he did not inform the
police prior to institution of the present F.I.R., which casts an
aspersion on the case of the prosecution. It is also submitted that
petitioner will not abscond rather will cooperate in the trial to
prove his innocence and petitioner is in custody since
30.01.2026.
5. Learned A.P.P. opposes the bail application.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner, above-named, is
directed to be released on regular bail on his furnishing bail-
bonds in the sum 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/successor Court in
connection with Maner P. S. Case No.860 of 2025.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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