Patna High Court
Harishankar @ Harishankar Ray @ HaddiaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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