Patna High Court
Bhulan RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to stringent conditions.
Summary
The petitioner, Bhulan Rai, was arrested in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act after police recovered 50 litres of illicit country‑made liquor from a public ghat. The prosecution’s case relied on secret information and informants who identified the petitioner as the absconder, while the defence argued that he had no control over the place of seizure and that the police did not follow proper seizure procedures. The petitioner, already having six prior convictions, offered to deposit Rs 10,000 as bail and sought release, contending that he was falsely implicated. The learned Additional Public Prosecutor opposed bail, citing the petitioner’s criminal antecedents. After considering the facts, the court granted bail on a bond of Rs 10,000 with two sureties and imposed several conditions, including personal sureties, regular court attendance, and periodic reporting to the Superintendent of Police.
Issues considered
- Whether bail should be granted to a person charged under Section 30(a) of the Bihar Prohibition and Excise Act despite prior criminal antecedents
- Whether procedural lapses in seizure affect the grant of bail
- Whether the petitioner’s claim of no control over the seized liquor negates the charge
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- illegal liquor
- criminal antecedents
- seizure procedure
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89616 of 2025
Arising Out of PS. Case No.-317 Year-2022 Thana- SONEPUR District- Saran
======================================================
Bhulan Rai Son of Vishwanath Rai Resident of village - Sabalpur, P.S.-
Sonepur, District - Saran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 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 Sonepur P.S. Case No. 317 of 2022 registered
for the offence(s) punishable under Section(s) 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the prosecution case, on the basis of secret
information, the police recovered a total of 50 litres of country-
made liquor along with a cylinder from Jagarnath Ghat. It is
alleged that the local chowkidar and other persons disclosed the
name of the person, who had absconded as Bhulan Rai (the
petitioner).
4. The learned counsel for the petitioner submits that
the petitioner has been falsely implicated in the present case
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merely on account of his alleged criminal antecedents of similar
nature. It is further submitted that the petitioner has no concern
whatsoever with the alleged recovery, which was admittedly
made from an open public place neither owned nor controlled
by the petitioner, nor is he the caretaker of the said place. It is
also submitted that the mandatory procedure relating to seizure
was not duly followed by the police. The learned counsel lastly
submits that the petitioner has six criminal antecedents and he is
in custody since 01.11.2025.
5. The petitioner is willing and undertakes to deposit a
sum of Rs. 10,000/- (Rupees Ten Thousand only) 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 01.11.2025, 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 Sonepur P.S. Case
No. 317 of 2022, subject to the following conditions:-
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(i) One of the bailors of the petitioner shall be his
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, Saran at Chapra within fifteen days of his release with a
copy of this order and every two weeks thereafter for the next
nine months. The conduct of the petitioner will be kept under
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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 T
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