Patna High Court
Bhola Bin @ Bhola BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner subject to a bond, sureties, and specified conditions.
Summary
The petitioner, Bhola Bin, was arrested in connection with the alleged possession of 17.5 litres of country-made liquor seized from a bush behind his house, under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. He contended that the liquor was not in his conscious or physical possession and that the search and seizure violated mandatory procedural requirements, as there was no independent witness to the seizure list. The State opposed bail, highlighting six prior similar offences, though the petitioner asserted he was already on bail in those cases. The Court examined the facts, noted the procedural lapses in the seizure, and considered the petitioner’s criminal antecedents. It ordered that the petitioner be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions of cooperation with the investigation and that one bailor be a close relative.
Issues considered
- Whether bail should be granted to the petitioner despite alleged possession of illicit liquor and prior similar convictions.
- Whether the alleged non‑compliance with mandatory search and seizure provisions warrants bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- illegal liquor
- search and seizure
- procedural lapse
- prior convictions
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34326 of 2026
Arising Out of PS. Case No.-315 Year-2025 Thana- RAGHUNATHPUR District- Siwan
======================================================
Bhola Bin @ Bhola Bind S/o Dindayal Bin Resident of Village- Sitalpur, P.S.-
Raghunathpur, District- Siwan. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Kumari Anupam, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
3 10-06-2026 Heard learned counsel for the petitioner and learned
APP for the State through virtual mode.
2. The petitioner seeks bail in a case registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2018.
3. Perusal of the first information report and the seizure
list would go to show that 17.500 liters of country made liquor
is said to have been recovered from the bush behind the house
of the petitioner.
4. It is submitted by learned counsel for the petitioner
that the there is no recovery from the conscious or physical
possession of the petitioner The place of recovery is an open
place and easily accessible to anyone, hence no liability can be
fixed on the petitioner. There is violation of the mandatory
provisions of the search and seizure as there is no independent
Patna High Court CR. MISC. No.34326 of 2026(3) dt.10-06-2026
2/2
witness to the seizure list. Petitioner has been languishing in
custody since 17.04.2026.
5. Learned APP for the State opposes the bail
petition on the ground that petitioner has six criminal
antecedents of similar nature of the offence. In response, it is
submitted on behalf of the petitioner that petitioner is on bail in
all the cases.
6. Taking into consideration the fact and
circumstances of the case and also considering the fact that there
is non-compliance of the mandatory provisions of search and
seizure, the above named petitioner is directed to be enlarged on
bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Raghunathpur P.S.
Case No. 315 of 2025, subject to the further condition that:
(i) The petitioner shall cooperate in the
investigation/trial.
(ii) The one of the bailors will be a family
member/close relative.
(Soni Shrivastava, J)
Trivedi/-
U T
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