Patna High Court
Dayanand PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
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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
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(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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