Patna High Court
SIMON TUDD @ SEMAN TUDDUversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted bail to the petitioner subject to a bond of Rs. 10,000, two sureties, and attendance conditions.
Summary
Simon Tudd was arrested in connection with the recovery of 70 litres of illicit liquor from his house, alleged to be an offence under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating that no liquor was found in his conscious possession, and had been in custody since 20 March 2026. The State opposed regular bail, while the petitioner’s counsel sought release. The court, after considering the facts and submissions, granted bail on a bond of Rs. 10,000 with two sureties, imposing a condition to attend the police station on the first and third Sundays of each month. The order was limited to the bail application and did not prejudice the merits of the trial.
Issues considered
- Whether the petitioner is entitled to regular bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the case justify the grant of bail despite the alleged possession of illicit liquor.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29398 of 2026
Arising Out of PS. Case No.-116 Year-2026 Thana- AMAUR District- Purnia
======================================================
Simon Tudd @ Seman Tuddu Son of Late Fhilip Tudu @ Fhilip Tuddu
Resident of Village - Halalpur Santhal Tola, Police Station - Amour, District -
Purnea.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Divya Bharti, Advocate
For the State : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in connection with Amour
P.S. Case No. 116 of 2026 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of 70
litres of illicit liquor from the house of the petitioner.
4. It has been submitted by the learned counsel for the
petitioner that the petitioner is innocent and has falsely been
implicated in this case. Nothing has been recovered from the
conscious possession of the petitioner. The petitioner is in
custody since 20.03.2026
5. Learned APP appearing for the State opposes the
Patna High Court CR. MISC. No.29398 of 2026(2) dt.11-05-2026
2/2
prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and submissions of learned counsel for the parties,
let the petitioner, above named, be released on bail on furnishing
bail bonds of Rs. 10,000/- (ten thousand) with two sureties of
the like amount each to the satisfaction of the learned Exclusive
Special Judge, Excise Court No. 02, Purnea/ concerned Court in
connection with Amour P.S. Case No. 116 of 2026.
7. As a condition of this order, the petitioner after
being released on bail is directed to mark his attendance at
Amour Police Station, District- Purnea on the first and third
Sunday of each month. Any default in appearance at the police
station will result in cancellation of bail bonds of the petitioner.
8. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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