Created by Fuzzy Cloud

Patna High Court

Arbind Bhagat @ Arvind BhagatversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, directing release upon furnishing the prescribed bond and sureties subject to statutory and additional conditions.

Summary

The petitioner, Arbind Bhagat, was arrested for allegedly carrying two litres of country-made liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence and stating that no incriminating material was recovered from him. The State opposed the bail, but the court considered the length of his custody since 18 March 2026 and the pending charge sheet. The court ordered his release on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional specific conditions. The bail bond may be cancelled if the petitioner violates the conditions, such as missing three consecutive court dates.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the facts of the case
  • Whether the period of custody and the absence of incriminating evidence justify the grant of bail

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Bihar
  • criminal procedure
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37833 of 2026
                       Arising Out of PS. Case No.-76 Year-2026 Thana- NAYAGAON District- Saran
                 ======================================================
                 Arbind Bhagat @ Arvind Bhagat Son of Late Ram Ekbal Bhagat Resident of
                 Village- Jandaha, P.S.- Jandaha, Dist.- Vaishali At present- Kasturichak, P.S.-
                 Nayagaon, Dist.- Saran at Chapra

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :       Mr.Nand Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                02. In the present case, the petitioner seeks bail in

                   connection with Nayagaon P.S. Case No. 76 of 2026 registered

                   for the alleged offences under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                03. As per prosecution case, the petitioner was

                   apprehended carrying 2 litres of country made liquor.

                                04. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has been falsely implicated in this

                   case. Nothing incriminating has been recovered from the person

                   or possession of the petitioner. The petitioner is having
Patna High Court CR. MISC. No.37833 of 2026(2) dt.17-06-2026
                                            2/3




          antecedent of two cases and he is on bail in both the cases. The

          petitioner is in custody since 18.03.2026.

                       05. Learned APP opposes the submission made on

          behalf 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 and submission of charge

          sheet, 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 2nd Exclusive Special Excise Judge, Saran

          at Chapra/concerned Court in connection with Nayagaon P.S.

          Case No. 76 of 2026, subject to the conditions mentioned

          in Section 480(3) of B.N.S.S. and also 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 or in violation of the
            Patna High Court CR. MISC. No.37833 of 2026(2) dt.17-06-2026
                                                        3/3




                                                      terms of the bail, the bail bond of the

                                                      petitioner will be liable to be cancelled

                                                      by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.