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Patna High Court

Harishankar @ Harishankar Ray @ HaddiaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner.

Summary

Petitioner Harishankar was accused under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 270 litres of illicit liquor recovered at Athmalgola. The prosecution alleged the offence but no incriminating material was found in the petitioner's possession, and he was arrested on suspicion on 2 March 2026. The petitioner applied for regular bail, arguing lack of direct connection to the seized liquor and that the charge‑sheet had already been filed. The State opposed the bail. The Court, considering the nature of the accusation and the period of custody, allowed the bail, directing release on a bond of Rs.10,000 with two sureties to the satisfaction of the Exclusive Special Judge Excise, Barh.

Issues considered

  • Whether regular bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • illicit liquor
  • regular bail
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30027 of 2026
                     Arising Out of PS. Case No.-137 Year-2025 Thana- ATHMALGOLA District- Patna
                 ======================================================
                 Harishankar @ Harishankar Ray @ Haddia S/o- Ram Swarath Rai @ Swarath
                 Ray R/v- Naya Tola, Raghopur Ps- Bakhtiyarpur Dist- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Rakesh Bihari Singh, Advocate
                 For the Opposite Party/s :      Mr. Raj Kishor Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   13-05-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner seeks regular bail in connection with

                   Athmalgola P. S. Case No. 137 of 2025 registered for the

                   offences punishable under Section 30(a) of the Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 270 liter illicit liquor was

                   recovered from the spot.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner and he is no way connected with the

                   aforesaid recovery. Petitioner has been made accused in this

                   case only on suspicion. Petitioner is in custody since 02.03.2026

                   and charge-sheet has already been submitted.
              Patna High Court CR. MISC. No.30027 of 2026(2) dt.13-05-2026
                                                          2/2




                                     5. However, learned A.P.P. for the State vehemently

                        opposed the bail application.

                                     6. Considering the nature of accusation and period of

                        custody, this bail application is allowed. The petitioner, above

                        named, is directed to be released on bail on furnishing bail bond

                        of Rs. 10,000/- (Ten thousand) with two sureties of the like

                        amount each to the satisfaction of the learned Exclusive Special

                        Judge Excise, Barh (Patna) in connection with Athmalgola P. S.

                        Case No. 137 of 2025.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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