Patna High Court

Sudhir NaiyaversusThe State of Bihar

Decided: 1 May 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioner subject to a bail bond and conditions under the Cr.P.C. and BNSS.

Summary

The petitioner, Sudhir Naiya, sought anticipatory bail after a First Information Report alleged that 20 litres of fermented Mahua and 5 litres of country-made liquor were recovered from his residence, constituting an offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the seizure was not conducted in the presence of an independent witness, violating mandatory search and seizure provisions, and highlighted his clean criminal record. The State opposed the bail on the basis of the allegations in the FIR. The Court, after considering the facts and the alleged procedural lapses, decided to grant anticipatory bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The order directs the petitioner to surrender within four weeks if arrested, thereby securing his liberty pending trial.

Issues considered

Whether anticipatory bail should be granted to the petitioner despite the alleged violation of search and seizure procedures.
Whether the alleged possession of fermented Mahua and country-made liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, warrants denial of bail.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
search and seizure
prohibition law
Mahua
excise
Bihar Prohibition and Excise Act
Criminal Procedure Code
Bharatiya Nagarik Suraksha Sanhita
Section 30
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27443 of 2026
                        Arising Out of PS. Case No.-246 Year-2025 Thana- KHAIRA District- Jamui
                 ======================================================
                 Sudhir Naiya Son of Late Damodar Naiya Resident of Village- Gotwari Tola
                 Chandrashaily (Ghatwari Tola), P.S.- Khaira, District- Jamui

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Satya Prakash Parasar, Advocate
                 For the Opposite Party/s :       Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   01-05-2026                    Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Section 30(a) of the

                   Bihar Prohibition and Excise (Amendment) Act, 2022.

                                3. The allegation in the First Information Report is

                   that 20 litres fermented Mahua and 05 litres of country made

                   liquor was recovered from the house of the petitioner.

                                4. Learned counsel for the petitioner submits that 20

                   litres of fermented Mahua was recovered from the house of the

                   petitioner, but the seizure list indicates that only 5 litres of

                   country made liquor was recovered and such recovery has not

                   been made in the presence of independent witness, as such, the

                   mandatory provisions of search and seizure have been violated.
            Patna High Court CR. MISC. No.27443 of 2026(2) dt.01-05-2026
                                                        2/2




                      The petitioner has no criminal antecedent.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the   facts   and

                      circumstances of the case, let the above named petitioner, be

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

                      learned Court below within a period of four 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

                      the learned Court below where the case is pending/successor

                      Court in connection with Khaira P.S. Case No. 246 of 2025,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.



                                                (Soni Shrivastava, J)
anand/-
U       T

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