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Patna High Court

Bhulan RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
Patna High Court CR. MISC. No.89616 of 2025(3) dt.07-01-2026
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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:-
Patna High Court CR. MISC. No.89616 of 2025(3) dt.07-01-2026
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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
             Patna High Court CR. MISC. No.89616 of 2025(3) dt.07-01-2026
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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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