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Patna High Court

Santlal PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to specified conditions.

Summary

Santlal Prasad was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly storing illicit foreign liquor. The prosecution seized 313.875 litres of liquor hidden in jute bags, but the petitioner claimed he was not apprehended at the spot and had no possession of the liquor. He argued that he is handicapped and has been falsely implicated, despite having three prior similar cases for which he is on bail. The court noted the lack of direct incriminating evidence against him and the length of his custody since May 8, 2026. Accordingly, the court ordered his release on bail with a bond of Rs. 10,000 and two sureties, subject to conditions under Section 480(3) of the B.N.S.S. and additional specific requirements.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
  • Whether the petitioner’s prior criminal antecedent precludes the grant of bail.
  • Whether the absence of apprehension at the spot and lack of possession affect the bail decision.

Legislation cited

Subjects

  • bail
  • prohibition act
  • excise
  • illicit liquor
  • criminal antecedent
  • handicapped
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42089 of 2026
                  Arising Out of PS. Case No.-827 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
                 Santlal Prasad S/o- Late Ramanand Prasad Resident of Village- Madhubani
                 Ghat PS- Muffasil District- East Champaran

                                                                                 ... ... Petitioner/s

                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Kundan Rathore Alias Kundan Kumar, Adv.
                 For the Opposite Party/s :      Mr.Anuj Kumar Shrivastava, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   01-07-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

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

                   connection with Muffasil P.S. Case No. 827 of 2025 registered

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

                   and Excise Act.

                                03. As per prosecution case, secret information was

                   received about the petitioner and other co-accused persons

                   storing illicit foreign liquor under a heap of straw near a

                   bamboo clump. A raid was conducted and 14 jute bags were

                   found kept concealed under the heap of straw from which

                   recovery of 313.875 litres of foreign liquor was made.
Patna High Court CR. MISC. No.42089 of 2026(2) dt.01-07-2026
                                            2/3




                       04. Learned counsel for the petitioner submits that the

          petitioner is innocent and has been falsely implicated in this

          case. The petitioner has no concern with the seized liquor or the

          place from there recovery has been made. The petitioner was not

          apprehended from the spot and nothing incriminating has been

          from the person or possession of the petitioner. The petitioner is

          a handicapped person and he has been made accused in this case

          due to his criminal antecedent as he is having antecedent of

          three cases of similar nature but he is on bail in all the cases.

          The petitioner is in custody since 08.05.2026.

                       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

          fact that the petitioner was not apprehended from the spot and

          no recovery has been shown from the conscious possession of

          the petitioner and further considering the period of custody of

          the petitioner, 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 Exclusive Special Excise Court No.-1,

          Motihari, East Champaran/concerned Court in connection with
            Patna High Court CR. MISC. No.42089 of 2026(2) dt.01-07-2026
                                                        3/3




                      Muffasil P.S. Case No. 827 of 2025, 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

                                                      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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