Patna High Court
Subodh Lal Deo @ Subodh Kumar DeoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court held that bail should be granted as the petitioner was not found in conscious possession of the illicit liquor and there were procedural deficiencies in the investigation.
Summary
The petitioner, Subodh Lal Deo, was arrested on 28 February 2026 in connection with a case involving the seizure of 403.2 litres of country-made Nepali liquor under Section 30(a) of the Bihar Prohibition & Excise Act. The seized liquor was recovered from a ditch in an orchard, and no liquor was found in the petitioner's conscious possession. The petitioner contended that he was falsely implicated, that his name was supplied by local residents, and that the investigation failed to comply with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023. The State opposed bail, citing the petitioner’s alleged flight from the scene, a pending case, and a purported compromise of the matter in a Lok Adalat. The Court, noting the lack of direct possession and procedural lapses, granted bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of criminal antecedents. The bail order was issued without delay for verification, and the petitioner was released pending trial.
Issues considered
- Whether bail should be granted when the accused is not found in possession of the seized liquor.
- Whether non‑compliance with Sections 103 and 105 of the Bihar Narcotic Substances Act, 2023, warrants bail.
- Whether the alleged compromise of the case in Lok Adalat and the existence of another pending case affect the bail decision.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 103, 105
Subjects
- bail
- illegal liquor
- prohibition and excise
- Section 30
- BNSS 2023
- Lok Adalat
- criminal antecedent
- non‑possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24269 of 2026
Arising Out of PS. Case No.-11 Year-2026 Thana- ALINAGAR District- Darbhanga
======================================================
Subodh Lal Deo @ Subodh Kumar Deo S/o Viveka Nand Dev @ Vivekanand
Lal Dev Resident of Village- Tikapatti, P.S.- Alinagar, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-04-2026 Heard Mr. Saurav Anand, learned counsel for the
petitioner and Mr. Arun Kumar, learned APP for the State.
2. Petitioner seeks bail, who is in custody since
28.02.2026, in connection with Alinagar P.S. Case No. 11 of 2026,
F.I.R. dated 02.02.2026 registered for the offences punishable
under Sections 30(a) of the Bihar Prohibition & Excise Act.
3. Recovery is of 403.2 litres of country made Nepali
liquor.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and he has been falsely implicated in the
present case. He further submits that it appears from the F.I.R. that
nothing has been recovered from the conscious possession of the
petitioner and altogether 403.2 litres of country made Nepali
liquor has been recovered from the ditch inside orchard and the
Patna High Court CR. MISC. No.24269 of 2026(2) dt.15-04-2026
2/3
petitioner fled away from the place of occurrence. He further
submits that the petitioner has no concern at all with the alleged
recovery of illicit liquor and he has been made accused in the
present case on the basis of suspicion. As per allegation in the
F.I.R. the petitioner and other co-accused persons have fled away
from the place of occurrence and the name of the petitioner has
been transpired on the basis of disclosure made by local people
and there is non-compliance of Sections 103 and 105 of BNSS,
2023 and the petitioner is in custody since 28.02.2026.
5. The learned Additional Public Prosecutor for the
State has vehemently opposed the prayer for bail of the petitioner
and submits that the petitioner fled away from the place of
occurrence and apart from that the petitioner carries one more case
other than the present one but fairly submits on the basis of
paragraph-3 of the bail petition that the case has been
compromised between the parties and disposed of in Lok Adalat.
6. Considering the facts and circumstances of the case
and the fact that nothing has been recovered from the conscious
possession of the petitioner and there is non-compliance of
Sections 103 and 105 of the BNSS, 2023, let the petitioner, above
named, be released 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 learned Exclusive Special Judge-II (Excise
Patna High Court CR. MISC. No.24269 of 2026(2) dt.15-04-2026
3/3
Act), Darbhanga in connection with Alinagar P.S. Case No. 11 of
2026, subject to the following conditions :-
(1) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and on
his absence on two consecutive dates without sufficient reason, his
bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
witness, in that case, the prosecution will be at liberty to move for
cancellation of bail.
(3) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at any
stage, it is found that the petitioner has concealed his criminal
antecedents, the court below shall take step for cancellation of bail
bond of the petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Ibrar//-
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