Patna High Court
Upendra Kumar @ Bela @ BailaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- KUMAR MANISH
Holding
The court granted regular bail to the petitioner with specified conditions.
Summary
The petitioner, Upendra Kumar, was arrested for alleged possession of 10.180 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He claimed he was falsely implicated and had been in custody since 12 May 2026, noting a prior criminal antecedent for which bail had previously been granted. The State opposed his bail application. The High Court, after considering the facts and the petitioner’s antecedent, ordered his release on regular bail upon furnishing a Rs.10,000 bond with two sureties, one of whom must be a family member, and imposed conditions of cooperation in trial and verification of his criminal record. The court also directed that the bail bond could be cancelled if the petitioner concealed any antecedent. The bail bond was to be accepted without delay for verification purposes.
Issues considered
- Whether the petitioner is entitled to regular bail under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 despite a prior criminal antecedent.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- bail
- regular bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedent
- excise law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38138 of 2026
Arising Out of PS. Case No.-76 Year-2026 Thana- Hariharnath P.S. District- Saran
======================================================
Upendra Kumar @ Bela @ Baila S/O Kamal Mahto @ Kamlal Mahto R/O
village - Akbarpur, Near Harihar Nath Mandir, P. S - Hariharnath, District -
Saran
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Hemant Kumar, Advocate
For the Opposite Party/s : Mr. Khurshid Anwar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
2 18-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in a case registered for
the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise Act, 2016.
3. As per the F.I.R., the prosecution story is that upon
acting an information that two persons are selling illicit liquor
near Hariharnath chowk, the police officials went there and after
seeing them started fleeing away but was caught and upon
searching the place, 10.180 litres of foreign liquor was
recovered from the possession of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case and he is in
custody since 12.05.2026. He further submits that nothing
Patna High Court CR. MISC. No.38138 of 2026(2) dt.18-06-2026
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incriminating has been recovered from the possession of the
petitioner. The petitioner has one criminal antecedent in which
he is already been granted bail by this Hon’ble Court.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as also taking into account the petitioner has one
criminal antecedent in which he has already been granted bail
by this Hon’ble Court, the petitioner, above named, is directed
to 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 Court of 2nd Exclusive Special Excise
Judge, Saran at Chapra, in connection with Hariharnath P.S.
Case No. 76 of 2026, on the following condition :-
(i) That one of the bailor should be family member of
the petitioner.
(ii) That the petitioner shall cooperate in the trial and
shall be properly represented on each and every date as fixed by
the Court below.
(iii) The Court below shall verify the criminal
antecedent of the petitioner and if at any stage, it is found that
the petitioner has concealed his criminal antecedent, the Court
Patna High Court CR. MISC. No.38138 of 2026(2) dt.18-06-2026
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below shall take steps for cancellation of bail bond of the
petitioner. However, the acceptance of bail-bond shall not be
delayed for purpose of in name of verification.
(Kumar Manish, J)
sanjeev/-
U T
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