Patna High Court
Hardev LalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of Rs 30,000 and conditions prescribed under the Bihar Narcotic Substances (Suppression) Act, 2023.
Summary
The petitioner, Hardev Lal, was implicated in a case involving the seizure of 2.250 litres of illicit foreign liquor, alleged to be in violation of sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case rests on the fact that the seized liquor was found in a motorcycle owned by the petitioner, although he claims the vehicle was being used by his son without his knowledge. The petitioner asserted his innocence, clean antecedent and lack of possession, and sought bail. The State opposed the bail application. The High Court, considering the circumstances, granted bail on a bond of Rs 30,000 under Section 2(1)(d) of the Bihar Narcotic Substances (Suppression) Act, 2023, with conditions under Section 482(2) of the same Act, and directed the trial court to verify any criminal antecedents. The order also warned that concealment of antecedents could lead to cancellation of the bail bond.
Issues considered
- Whether the petitioner is entitled to bail pending trial for offences under the Bihar Prohibition and Excise Act, 2016.
- Whether ownership of the motorcycle used in the alleged offence is sufficient ground for arrest and denial of bail.
- Whether the petitioner’s claim of lack of knowledge and clean antecedent justifies the grant of bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act, 2023 — s. 2(1)(d), 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
Subjects
- bail
- excise
- illicit liquor
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- Bihar Narcotic Substances (Suppression) Act
- Section 2(1)(d)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42057 of 2026
Arising Out of PS. Case No.-456 Year-2026 Thana- Excise P.S. District- Kishanganj
======================================================
Hardev Lal S/o Late Bhavak Lal R/o Vill- Aambari Rasia ward no. 05 ,P.S-
Powakhali ,District -Kishanganj
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Adv.
For the Opposite Party/s : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Madya Nisedh P.S. Case No. 456 of 2026 lodged on
17.04.2026, for the offence punishable under sections 30(a) &
32(3) of the Bihar Prohibition and Excise Act, 2016.
3. As per the prosecution, total recovery of 02.250
litres of illicit foreign liquor has been made, which is the subject
matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
Patna High Court CR. MISC. No.42057 of 2026(2) dt.01-07-2026
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made from a motorcycle. Counsel further submits that the name
of the petitioner has come in this case only due to the reason
that he is the owner of the seized motorcycle. He submits that
the son of the petitioner has taken the said motorcycle and the
petitioner has no knowledge that his son used the motorcycle for
some illegal work. He further submits that the petitioner has
clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In the present facts and circumstances of this case,
let the above named petitioner be released on bail, in the event
of arrest or surrender before the Trial Court within a period of 4
weeks from today, on furnishing bail bond of Rs.30,000/-
(Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of
the B.N.S.S., 2023 to the satisfaction of Exclusive Special Judge
Excise-II, Kishanganj, in connection with Madya Nisedh P.S.
Case No. 456 of 2026, subject to the conditions as laid down
U/s 482(2) of the B.N.S.S., 2023.
7. The Trial Court is directed to verify the criminal
antecedent(s) of the petitioner, and in case, it is found at any
stage that the petitioner has concealed the fact about his criminal
antecedent(s), the Trial Court shall take steps for cancellation of
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bail bond of the petitioner. However, the acceptance of the bail
bonds in terms of the above-mentioned order shall not be
delayed for the purpose of or in the name of verification.
(Dr. Anshuman, J)
Divyansh/-
U T
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