Patna High Court
Vinod Prasad @ Binod PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner subject to a bond and specific conditions.
Summary
Vinod Prasad was arrested in connection with Excise Dumraon P.S. Case No. 29 of 2026 for alleged offences under Section 30(a) of the Bihar Prohibition & Excise Act, 2016, after 142.52 litres of country‑made liquor were recovered from a secret chamber in his house. The petitioner contended that he had no conscious possession of the liquor, that the house was jointly owned, and that the seizure did not comply with mandatory legal provisions; he also claimed he was falsely implicated and had been in custody since 11‑04‑2026. The State opposed bail, arguing that the recovery was made from a concealed compartment within the petitioner’s premises. The Court, after considering the facts, the length of custody and the arguments of both sides, ordered the petitioner’s release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 480(3) of the BNSS. The bail order also required the petitioner to appear on all court dates and stipulated cancellation of the bond for non‑compliance. The decision reflects the Court’s application of bail principles in excise offences, balancing the presumption of innocence with the nature of the alleged contravention.
Issues considered
- Whether the petitioner is entitled to bail under Section 30(a) of the Bihar Prohibition & Excise Act, 2016 given the circumstances of the seizure.
- Whether the recovery of liquor from a secret chamber in a jointly owned house establishes conscious possession by the petitioner.
- Whether the conditions imposed under Section 480(3) of the BNSS are appropriate for granting bail.
Legislation cited
- Bihar Prohibition & Excise Act, 2016 — s. 30(a)
- BNSS — s. 480(3)
Subjects
- bail
- excise offence
- illegal liquor
- Section 30(a)
- Bihar Prohibition & Excise Act
- joint possession
- secret chamber
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32447 of 2026
Arising Out of PS. Case No.-29 Year-2026 Thana- Excise Dumraon District- Buxar
======================================================
Vinod Prasad @ Binod Prasad son of Girija Prasad Resident of Village-
Noniyapur Ward no. 10, Ps- Krishnabrahm Dist- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 12-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Excise Dumraon P.S. Case No. 29 of 2026
registered for the alleged offences under Sections 30(a) of the
Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, recovery of 142.52 liters
of country made liquor was made from a secret chamber in the
house of the petitioner.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case. No recovery has been made from the conscious possession
of the petitioner. Recovery has been shown from a house which
is joint in possession. Search and seizure has not been made
Patna High Court CR. MISC. No.32447 of 2026(2) dt.12-05-2026
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according to the mandatory provisions of law. Learned counsel
further submits that the petitioner is having antecedent of once
case of different nature and he is in custody since 11.04.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner. Learned APP submits that
recovery has been made from the secret chamber between the
wall of the house 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 Judge,
Excise Court No. 2, Buxar/court concerned in connection with
Dumaron P.S. Case No. 29 of 2026, subject to the conditions
mentioned in Section 480(3) of BNSS and the following
conditions:
(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
Patna High Court CR. MISC. No.32447 of 2026(2) dt.12-05-2026
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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)
Ashish/-
U T
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