Patna High Court
Doulat SawversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner, subject to a bond and specified conditions.
Summary
Doulat Saw was arrested on 5 April 2026 in connection with a case involving the seizure of 250 litres of illicit country-made Mahua liquor, alleged to be in violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended). The petitioner claimed he had no prior criminal record, was not the owner of the vehicle from which the liquor was recovered, and argued that the seizure was irregular because the seizure list included a Home Guard and a local chowkidar, allegedly breaching Sections 103 and 105 of the BNSS, 2023. The State opposed bail, but the court considered the petitioner's clean antecedent and the alleged procedural lapses in the seizure. The court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation with the trial, appearance in court, and no tampering with evidence or witnesses. The bail order also directed the lower court to verify the petitioner's criminal antecedent, with the provision that concealment would lead to cancellation of bail.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2022 (Amended).
- Whether the seizure of the liquor was lawful given the alleged non‑compliance with Sections 103 and 105 of the BNSS, 2023.
- Whether the petitioner's clean antecedent and alleged lack of ownership of the vehicle affect the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 (Amended) — s. 30(a)
- BNSS, 2023 — s. 103, 105
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- seizure
- Section 30(a)
- BNSS
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37448 of 2026
Arising Out of PS. Case No.-197 Year-2026 Thana- KAUWAKOL District- Nawada
======================================================
Doulat Saw Son of Tiko Saw Resident of Village - Barki Ledudawa, P.S.-
Lokayanayanpur, District - Giridih (Jharkhand).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Pradeep Narain Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-06-2026 Heard Mr. Pramod Kumar Verma, learned counsel
for the petitioner and Mr. Pradeep Narain Kumar, learned
Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
05.04.2026 in connection with Kawakol P.S. Case No. 197 of
2026, F.I.R. dated 05.04.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2022
(Amended).
3. Recovery is of 250 liters of illicit country made
Mahua liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
Patna High Court CR. MISC. No.37448 of 2026(2) dt.17-06-2026
2/3
recovered from the conscious possession of the petitioner rather
the recovery of total 250 liters of country made Mahua liqour
has been made from the tempo in question and petitioner is not
the owner of the said vehicle. It appears from the seizure list
that one of the seizure list witness is Home Guard personnel and
one is local chowkidar so, there is non-compliance of Section
103/105 of the BNSS, 2023. The petitioner is in custody since
05.04.2026.
5 The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, 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 Court, Excise-2, Nawada in connection with Kawakol
P.S. Case No. 197 of 2026 subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.37448 of 2026(2) dt.17-06-2026
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witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Vanisha/-
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