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