Patna High Court
Motilal Urao @ Motilal UraonversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
The court held that bail may be granted in the present case, subject to a bond, sureties and verification of the petitioner’s antecedents.
Summary
The petitioner, Motilal Urao, was implicated in a case (PS Case No. 45 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, 2018, based on a police report that he was seen fleeing when liquor was discovered behind his hut. The police seized 13 litres of country‑made liquor and equipment for liquor manufacture, and identified the petitioner as the person who fled. The petitioner pleaded innocence, contended that no incriminating items were recovered from his house, alleged a violation of Section 103 of the B.N.S.S. in the seizure process, and sought bail, asserting a clean antecedent. The State opposed bail. After hearing both sides, the High Court granted bail on a bond of Rs 10,000 with two sureties, subject to verification of the petitioner’s criminal antecedents and compliance with Section 482(2) of the B.N.S.S.
Issues considered
- Whether the petitioner is entitled to bail in the pending prosecution under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether the seizure of liquor and preparation of the seizure list violated Section 103 of the B.N.S.S.
- Whether the petitioner’s alleged clean antecedent warrants the grant of bail despite the seriousness of the offence.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- B.N.S.S. — s. 103, 482(2)
Subjects
- bail
- prohibition law
- excise
- seizure
- criminal procedure
- Section 30
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27640 of 2026
Arising Out of PS. Case No.-45 Year-2026 Thana- BHAIROGANJ District- West Champaran
======================================================
Motilal Urao @ Motilal Uraon S/o Ardhu Uraon R/o Village - Madrahani, P.S.
- Bhairoganj, Dist. - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Suryakant Kumar, Advocate
For the Opposite Party/s : Mr.Md. Shakir Ahmad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
3 06-05-2026 Heard the learned counsel for the petitioner and the
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Bhairoganj P.S. Case No. 45 of 2026 registered for the
offences punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2018.
3. As per the prosecution story which has been lodged
on the basis of the written statement of the informant to the
effect that while he was on patrolling duty he got a secret
information that the petitioner is indulged in selling liquor in
his house. When he reached near the house of the petitioner, he
saw one person started fleeing away on seeing the police
personnel. The police tried to apprehend him, but he fled away
from there. On inquiry from the son of the Chowkidar, the name
Patna High Court CR. MISC. No.27640 of 2026(3) dt.06-05-2026
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of the petitioner transpired in this case, as he also identified the
petitioner as the person who fled away on seeing the police
personnel. On search, 13 litres of country made liquor was
found and also some articles related to manufacturing of liquor
were recovered behind the house of the petitioner.
4. The learned counsel for the petitioner submits that
petitioner is innocent and has not committed any offence. No
incriminating article or liquor has been recovered from the
house of the petitioner. He further submits that the recovery has
been made from behind the hut of the petitioner and the same
does not belong to this petitioner. He further submits that while
preparing the seizure list, section 103 of the B.N.S.S. has been
violated and moreover, the petitioner has got clean antecedent.
5. The learned A.P.P. for the State opposes the prayer
for bail.
6. Having heard the rival submissions of the parties
and after going through the records, it appears that 13 litres of
country made liquor was seized behind the hut of the petitioner
and the petitioner was not apprehended on the spot, having
considered the same, let the petitioner, above named, in the
event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Patna High Court CR. MISC. No.27640 of 2026(3) dt.06-05-2026
3/3
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Special Judge, Excise, Bagaha, West
Champaran in connection with Bhairoganj P.S. Case No. 45 of
2026, subject to the conditions as laid down under Section
482(2) of the B.N.S.S., with further condition:
(1) The learned Court concerned 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 concerned shall take steps 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.
(Ritesh Kumar, J)
vinita/-
U
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