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Patna High Court

Dayanand PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court ordered the release of the petitioner on bail subject to bond, sureties and conditions.

Summary

Dayanand Prasad was arrested after a raid recovered 82 litres of illicit liquor from the area in front of his cowshed. He contended that the liquor was stored by another person, that no incriminating material was found on him, and that the search and seizure did not follow statutory requirements. The State opposed bail, citing the alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act and his prior similar case. Considering the lack of direct evidence, the length of his custody since 20‑02‑2026, and the procedural lapses, the court granted bail on a bond of Rs.10,000 with two sureties and imposed conditions under Section 480(3) of the B.N.S.S. The bail order also required the petitioner’s presence at all court dates and stipulated cancellation upon repeated non‑appearance.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the search and seizure complied with the mandatory statutory provisions.
  • Whether the petitioner’s prior similar case affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition act
  • illicit liquor
  • search and seizure
  • excise law
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29472 of 2026
                    Arising Out of PS. Case No.-89 Year-2026 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Dayanand Prasad S/O Late Gaurishankar Prasad R/O Village- Khajuri, P.S-
                 Kuchaikote, District- Gopalganj, Bihar.
                                                                       ... ... Petitioner/s

                                                       Versus

                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan, Advocate
                 For the Opposite Party/s :       Mrs.Anita Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   11-05-2026                    Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Kuchaikote P.S. Case No. 89 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, the petitioner was

                   apprehended when a raid was conducted on receipt of

                   information that the petitioner had been storing illicit liquor in

                   front of his house. Recovery of 82 litres of country made liquor

                   kept in a sack in front of the cowshed of the petitioner was made

                   in the raid.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.29472 of 2026(2) dt.11-05-2026
                                            2/3




          case. Nothing incriminating has been recovered from the person

          or possession of the petitioner. The recovery has been shown

          from a place in front of the cowshed of the petitioner where

          some person kept the illicit liquor and the petitioner has been

          made accused in this case merely on suspicion. The petitioner

          has no concern with the seized liquor. Further, the mandatory

          provisions for search and seizure have not been followed. The

          petitioner is having antecedent of one case of similar nature in

          which he is on bail. The petitioner is in custody since

          20.02.2026.

                       05. Learned APP opposes the submission made on

          behalf of the petitioner.

                       06. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          period of custody of the petitioner, the petitioner above named is

          directed to 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 learned Exclusive Special Excise

          Court No. II, Gopalganj/concerned Court in connection with

          Kuchaikote P.S. Case No. 89 of 2026, subject to the conditions

          mentioned in Section 480(3) of B.N.S.S. and also the following

          conditions:
            Patna High Court CR. MISC. No.29472 of 2026(2) dt.11-05-2026
                                                        3/3




                                                      (i) One of the bailors will be a close

                                                      relative of the petitioner.

                                                      (ii) The petitioner will remain present

                                                      on each and every date fixed by the

                                                      court below.

                                                      (iii) In case of absence on three

                                                      consecutive dates or in violation of the

                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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