Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted bail to the petitioner.
Summary
The petitioner, Bhola Kumar, was arrested in connection with the alleged recovery of 900 litres of liquor and a seized motorcycle under Section 30(a) of the Bihar Excise Act. He has been in custody since 1 June 2026 and claims he was not apprehended at the spot, had no conscious possession of the liquor, and that the recovery occurred on land not belonging to him. The petition also points out that the informant’s identity was omitted from the FIR, casting doubt on the prosecution’s case. The State opposed the bail application. After considering the arguments, the Court ordered the petitioner’s release on bail upon furnishing a bond of Rs. 5,000 with two sureties of the same amount, pending trial in the Malsalami P.S. case No. 114 of 2026.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Excise Act given the circumstances of alleged non‑possession and procedural lapses in the FIR.
Legislation cited
- Bihar Excise Act — s. 30(a)
Subjects
- bail
- excise law
- Bihar Excise Act
- Section 30(a)
- liquor seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48091 of 2026
Arising Out of PS. Case No.-114 Year-2026 Thana- MALSALAMI District- Patna
======================================================
Bhola Kumar S/o Nanhak Ray @ Sonfi Ray Permanent R/o Vill.-
Sukumarpur, P.S.- Ragjhopur (Rustampur O.P.), Distt.- Vaishali. A/P-
Nuruddingfanj, P.S.- Malsalami, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nityanand Kumar, Advocate
For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 10-07-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State, Mr. Chandra Bhushan Prasad.
2. The petitioner seeks bail in a case registered for the
offences punishable under Section 30(a) of the Bihar Excise
Act.
3. Learned counsel for the petitioner submits that
petitioner has antecedent of one case under the Excise Act and is
in custody since 01.06.2026 and allegation is of recovery of 900
liters of liquor from bank of Damrahi ghat and a motorcycle was
seized.
4. Learned counsel for the petitioner submits that
petitioner was not apprehended from the spot as such nothing
was recovered from his conscious possession and even alleged
Patna High Court CR. MISC. No.48091 of 2026(2) dt.10-07-2026
2/2
recovery is from a place which does not belong to the petitioner
and is not the owner of the seized vehicle and he came to be
implicated at the instance of local person, but then the name of
the person who disclosed the name of the petitioner is not
disclosed in the FIR which casts an aspersion on the case of the
prosecution.
5. Learned A.P.P. for the State opposes the bail
application of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of Rs.
5000/- (Rupees Five Thousand) with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor court in connection with
Malsalami P.S. Case No. 114 of 2026.
(Satyavrat Verma, J)
Rishabh/-
U T
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