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Patna High Court

Subodh Lal Deo @ Subodh Kumar DeoversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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//-

U          T


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