Patna High Court
Subodh Kumar @ Subhodh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted bail to the petitioner subject to stringent conditions.
Summary
Subodh Kumar, who was in custody, applied for bail in an excise case (Case No. 3160 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act after 210 litres of illicit liquor were recovered and he was apprehended at the scene. The petitioner claimed he was merely a passerby and had no involvement in the seizure, asserting that his arrest was based solely on his five prior criminal antecedents. The State opposed bail, but the petitioner offered to deposit a bail amount and provided sureties. The High Court, after considering the facts and the petitioner’s prolonged custody since 12‑11‑2025, granted bail on a bond of Rs.10,000 with two sureties and imposed several conditions, including regular appearance before the court and the Superintendent of Police. The order emphasized that any violation of the conditions could lead to cancellation of bail, but the bail was nonetheless allowed.
Issues considered
- Whether bail should be granted to an accused under Section 30(a) of the Bihar Prohibition and Excise Act who has multiple prior criminal antecedents
- Whether the petitioner’s alleged lack of involvement in the liquor seizure justifies denial of bail
Subjects
- bail
- excise
- prohibition
- criminal antecedents
- Section 30(a)
- Bihar
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89579 of 2025
Arising Out of PS. Case No.-3160 Year-2025 Thana- Excise P.S. District- Patna
======================================================
Subodh Kumar @ Subhodh Kumar Son of Avadhesh Ray @ Awdesh Ray
Resident of Nakta Diyara, P.S.- Digha, District - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arun Bharti, Advocate
For the Opposite Party/s : Mr. Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 07-01-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. Petitioner, who is in custody, seeks bail in
connection with Excise P.S. Case No. 3160 of 2025
registered for the offence(s) punishable under Section(s)
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, a total of 210 litres
of country-made liquor was recovered from a sack lying on
the roadside and the petitioner was apprehended at the place
of occurrence.
4. The learned counsel for the petitioner submits
that the petitioner has no concern whatsoever with the
alleged recovery of liquor and has been made an accused in
Patna High Court CR. MISC. No.89579 of 2025(2) dt.07-01-2026
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the present case solely on account of his alleged long list of
criminal antecedents. It is further submitted that the
petitioner was merely a passerby and that the police
apprehended him on suspicion. The learned counsel lastly
submits that the petitioner has five criminal antecedents and
he is in custody since 12.11.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 5,000/- with the Advocate Association,
Patna High Court.
6. The learned A.P.P. has vehemently opposed the
prayer for bail.
7. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 12.11.2025, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court below
where the case is pending/successor court in connection
Excise P.S. Case No. 3160 of 2025, subject to the following
conditions:-
(i) One of the bailors of the petitioner shall be his
Patna High Court CR. MISC. No.89579 of 2025(2) dt.07-01-2026
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close relative and the other shall be the local resident.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two 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.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be at
liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at any stage
it is found that the petitioner has concealed his criminal
antecedent, the court below shall take step for cancellation
of bail bond of the petitioner. However, the acceptance of
bail bonds in terms of the above-mentioned order shall not
be delayed for purpose of or in the name of verification.
(vi) In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, Patna within fifteen days of his
release with a copy of this order and every two weeks
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thereafter for the next nine months. The conduct of the
petitioner will be kept under watch in this period by the
Superintendent of Police concerned and if it is found
wanting in any respect, a report shall be made to the court
concerned by him to initiate a proceeding for cancellation
of bail for reasons of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be filed by the
petitioner before the court concerned.
8. The bail bond of the petitioner shall be accepted
by the learned Trial Court on showing receipt of deposit of
aforesaid amount with the Advocate Association, Patna
High Court.
9. Accordingly, the prayer for bail is allowed.
10. It is made clear that the observation, if any,
made in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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