Patna High Court
Payal BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to all petitioners subject to a bond of Rs 10,000 each, two sureties and conditions of family‑member surety and cooperation with investigation.
Summary
The petitioners, Payal Bhagat, Uday Bhagat and Gulshan Rajak, were arrested in connection with the alleged contravention of Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022, after 45 litres of country‑made liquor and related items were recovered from a location near a semi‑constructed temple. The petitioners contended that the seizure was made from a place open to the public, that there was no independent witness to the search, and that none of the liquor was found in their conscious possession; they also highlighted the lack of criminal antecedents for two of them. The State opposed bail, pointing out that petitioner No. 2 had two prior criminal records, one of a similar nature, although he was already on bail in those matters. The Court, after weighing the circumstances, concluded that the recovery from a public place and the absence of direct possession warranted bail. Accordingly, each petitioner was released on bail upon furnishing a Rs 10,000 bond with two sureties, one of whom must be a family member, and subject to cooperation with the investigation.
Issues considered
- Whether bail should be granted to the accused under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2022 given the facts of the seizure.
- Whether the absence of direct possession of the seized liquor and the public nature of the location justify bail.
- Whether the prior criminal antecedents of petitioner No. 2 preclude the grant of bail.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 32(3)
Subjects
- bail
- excise law
- prohibition
- liquor seizure
- possession
- criminal antecedents
- Indian Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37287 of 2026
Arising Out of PS. Case No.-32 Year-2026 Thana- PIPRIYA District- Lakhisarai
======================================================
1. Payal Bhagat S/o Late Ram Chandra Bhagat Resident of Village - Pathua,
P.S. - Pipariya, District - Lakhisarai.
2. Uday Bhagat @ Ram Uday Bhagat S/o Late Ram Chandra Bhagat Resident
of Village - Pathua, P.S. - Pipariya, District - Lakhisarai.
3. Gulshan Rajak S/o Late Bachkunth Rajak @ Bachkund Rajak Resident of
Village - Pathua, P.S. - Pipariya, District - Lakhisarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Advocate
For the State : Mr. Braj Kishore Pd., APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 09-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in a case registered for
the offence punishable under Sections 30(a), 32(3) of the Bihar
Prohibition and Excise Amendment Act, 2022.
3. There is recovery of 45 liters of country made
liquor, some plastic jerkins along with gas cylinder and stove
from a place near semi-constructed temple.
4. Learned counsel for the petitioners submits that it
is evident that the recovery has been made from a place which is
accessible to all, as such, no liability can be fixed on the
Patna High Court CR. MISC. No.37287 of 2026(2) dt.09-06-2026
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petitioners. There is no independent witness to the search and
seizure and the mandatory provisions have been violated. There is
no recovery from the personal and conscious possession of the
petitioners. Petitioner nos. 1 and 3 have no criminal antecedents.
The petitioners are in custody since 18.04.2026.
5. Learned APP for the State opposed the bail
petition of the petitioners on the ground that the petitioner no. 2
has two criminal antecedent out of which one is of similar nature.
6. In response, it is submitted that the petitioner no. 2
is on bail in both the cases.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
recovery has been made from a place which is accessible to all
and there is no recovery from the conscious possession of the
petitioners, let the above named petitioners, be released on bail on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of the
learned District and Additional Sessions Judge-VII-cum-Special
Excise Court No. 2, Lakhisarai/concerned Court below in
connection with Pipariya P.S. Case No. 32 of 2026, subject to
conditions that:-
(i) One of the bailors shall be a family
member/close relative.
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(ii) The petitioners shall cooperate in the
investigation and trial.
(Soni Shrivastava, J)
priyanka/-
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