Patna High Court
Bullet MalikversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
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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