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Patna High Court

Bullet MalikversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to bail, subject to conditions, as the allegations are based on suspicion, he lacks direct possession, and he has a clean antecedent.

Summary

Bullet Malik was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 160 litres of illicit liquor were recovered from an open area in Ahirwa Tola. The prosecution alleged his involvement, but he claimed he was not present at the scene and had no possession of the liquor. The petitioner, having no prior criminal record, sought bail, asserting that the case against him was based merely on suspicion. The State opposed the bail application. Considering the petitioner’s clean antecedent, lack of direct evidence linking him to the seized liquor, and the circumstances of the recovery, the court ordered bail on condition of surrender within six weeks and a bond with sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition and Excise Act given the facts.
  • Whether mere suspicion and absence of direct possession justify denial of bail.
  • Whether the petitioner’s clean antecedent warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • criminal procedure
  • Section 30
  • Section 482
  • clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26110 of 2026
                    Arising Out of PS. Case No.-129 Year-2025 Thana- Haraiya District- East Champaran
                 ======================================================
                 Bullet Malik Son of Rajendra Malik R/O Vill.- Ahirwa Tola (Dom Toli) P.S.-
                 Haraiya, Distt.- East Champaran

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Prateek Tandon, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                    3. As per prosecution case, 160 liters illicit liquor,

                   kept in two sacks, was recovered from Ahirwa Tola. It is alleged

                   that petitioner and others were managed to flee away from the

                   spot.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case only on suspicion. Further

                   submission is that petitioner was not present on the spot and he

                   has no concern with the seized liquor. The recovery is made
            Patna High Court CR. MISC. No.26110 of 2026(2) dt.22-04-2026
                                                        2/2




                      from an open place easily accessible to one and all. Nothing has

                      been recovered from the conscious possession of the petitioner.

                      Petitioner has got no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

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

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties and

                      clean antecedent of the petitioner, let the above named petitioner

                      be released on bail, in the event of arrest or surrender before the

                      Court below within a period of six weeks from today, on

                      furnishing bail bond of Rs. 10,000 (Rupees Ten Thousand) with

                      two sureties of the like amount each to the satisfaction of

                      learned Special Judge, Excise Court No. 1, Motihari, East

                      Champaran, in connection with Haraiya Excise P.S. Case No.

                      129 of 2025, subject to the conditions as laid down under

                      Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,

                      2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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