Patna High Court
Arbind Bhagat @ Arvind BhagatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 480(3)
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
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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
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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
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