Patna High Court
Saukhin Rawat @ Saukhim RawatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail is granted to the petitioner subject to specified conditions.
Summary
The petitioner, Saukhin Rawat, was arrested in connection with a raid that recovered 57.5 litres of illicit country-made liquor from the village of Sargatti, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was merely a passerby and had been falsely implicated, noting that the liquor was seized from a public place without pinpointing a specific location. Having been in custody since 3 November 2025, he offered to deposit a bail amount of Rs. 2,500 with the Advocate Association and sought release. The State opposed the bail, but the court considered the length of custody, the petitioner’s clean antecedent, and his willingness to comply with bail conditions. The High Court granted bail on a bond of Rs. 10,000 with two sureties, imposing conditions such as personal presence at trial, verification of antecedents, and possible cancellation for future similar offences.
Issues considered
- Whether bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the period of custody.
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- criminal procedure
- Bihar Prohibition and Excise Act
- Section 30(a)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89685 of 2025
Arising Out of PS. Case No.-822 Year-2025 Thana- GARKHA District- Saran
======================================================
Saukhin Rawat @ Saukhim Rawat S/o- Sivsaran Rawat Village- Sargatti
Police station- Garkha District-Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sachida Nand Rai, Advocate
For the Opposite Party/s : Mr. Kalyan Shankar, 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 Garkha P.S. Case No. 822 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, on the basis of
secret information the police while on patrolling duty
conducted a raid in village Sargatti and recovered a total of
57.5 litres of country-made liquor from the village.
4. The learned counsel for the petitioner submits
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that the petitioner has been falsely implicated in the present
case and was merely a passerby. He further submitted that it
is an admitted case of the prosecution that the liquor was
recovered from a public place in the village, without
specifying any particular location or area. The learned
counsel lastly submits that the petitioner has clean
antecedent and he is in custody since 03.11.2025.
5. The petitioner is willing and undertakes to
deposit a sum of Rs. 2,500/- 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 03.11.2025, 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
Garkha P.S. Case No. 822 of 2025, 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.
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
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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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