Patna High Court
Bholi DasversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Bail was denied to the petitioner.
Summary
The petitioner, Bholi Das, was implicated in a case (Manigachhi P.S. Case No. 82 of 2026) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 379.98 litres of illicit liquor were recovered from an orchard. The prosecution’s evidence, including the testimony of a local chowkidar, linked the petitioner to the seizure, and the petitioner also has a prior antecedent. The petitioner applied for bail, fearing arrest, but the court considered the seriousness of the offence, the large quantity of liquor involved, and the petitioner’s past record. The bench was not persuaded to grant bail and dismissed the application, directing the petitioner to surrender and seek regular bail. The judgment expressly limited its observations to the bail application and did not express any view on the merits of the underlying criminal case.
Issues considered
- Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving large quantity of illicit liquor and prior antecedent.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- bail
- prohibition law
- illicit liquor
- criminal procedure
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38619 of 2026
Arising Out of PS. Case No.-82 Year-2026 Thana- MANIGACHI District- Darbhanga
======================================================
Bholi Das S/O Ramavtar Das R/O Village-Putai, PS- Manigachhi, Distt-
Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ayushi Choudhary
For the Opposite Party/s : Mr.Gulnar Begum
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends arrest in connection with
Manigachhi P.S. Case No. 82 of 2026 registered for the offence
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, there is recovery of
379.98 liters of illicit liquor from an orchard. The name of the
petitioner has surfaced in this case at the instance of the local
Chowkidar. The petitioner has one antecedent also.
4. Considering the involvement of the petitioner in the
crime and also the recovery of huge quantity of liquor, I am not
inclined to grant bail to the petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner may surrender before the Court
Patna High Court CR. MISC. No.38619 of 2026(2) dt.17-06-2026
2/2
below and seek regular bail.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present bail
application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not express
any opinion on the merits of the case.
(Sandeep Kumar, J)
P. Kumar
U T
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