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Patna High Court

Bhola Bin @ Bhola BindversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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