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Patna High Court

Dudheshwar Singh @ Dudhay SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that bail should be granted to the petitioner subject to specified conditions.

Summary

The petitioner, Dudheshwar Singh, was arrested after 100 litres of liquor were recovered from his joint family house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for bail, claiming innocence, lack of incriminating material in his personal possession, and that the recovery was made from a house shared with other family members, making his arrest merely on suspicion. The State opposed the bail, while the petitioner’s counsel highlighted the absence of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The court considered the length of custody, the nature of the offence, and the petitioner’s seven prior criminal antecedents. Concluding that the circumstances did not justify continued detention, the court granted bail subject to a Rs.15,000 bond, two sureties, and conditions regarding appearance and family surety. The bail order was conditioned on the framing of charges, if not already done.

Issues considered

  • Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act given the facts of the case.
  • Whether the non‑compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, affects the grant of bail.
  • Whether arrest solely on suspicion and recovery of liquor from a joint family house warrants continued detention.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • Section 30(a)
  • Section 103
  • suspicion
  • joint family house
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90291 of 2025
                     Arising Out of PS. Case No.-125 Year-2025 Thana- FESHAR District- Aurangabad
                 ======================================================
                 Dudheshwar Singh @ Dudhay Singh S/o Late Sudhan Singh @ Late Sudama
                 Singh R/o vill- Pokhraha, P.S.- Phesar, Distt.- Aurangabad, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Aman Vishal, Advocate
                 For the Opposite Party/s :       Mr. Lakshmi Kant Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner seeks bail in connection with Phesar

                   P.S. Case No. 125 of 2025, instituted for the offences punishable

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The prosecution case, in short, is that 100 liters

                   liquor was recovered from the house of the petitioner and he

                   was arrested on spot.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has falsely been implicated in the

                   present case. No incriminating material has been recovered from

                   the conscious possession of the petitioner. The petitioner has got

                   no concern with the alleged recovery of liquor. Learned counsel
Patna High Court CR. MISC. No.90291 of 2025(2) dt.12-01-2026
                                            2/3




          for the petitioner also submits that the alleged recovery has been

          made from the joint house of the petitioner where other family

          members also reside. It is further submitted that the petitioner

          has been arrested only on the basis of suspicion. The petitioner

          is in custody since 18.10.2025 and has got seven criminal

          antecedents. There is no compliance of Section 103 of the

          Bharatiya Nagarik Suraksha Sanhita, 2023.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances

          of the case and the period of custody undergone by the

          petitioner, this Court is inclined to grant bail to the petitioner.

                       7. Let the petitioner be released on bail after framing

          of charge, if not already framed, on furnishing bail bonds of

          Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the

          like amount each to the satisfaction of Court below/concerned

          Court in connection with Phesar P.S. Case No. 125 of 2025,

          subject to the following conditions:

                       (I) One of the bailors shall be own/close member of

          the family of the petitioner.

                       (II) The petitioner shall appear on each and every date

          fixed at the trial. In case of default in such appearance on two
             Patna High Court CR. MISC. No.90291 of 2025(2) dt.12-01-2026
                                                         3/3




                       consecutive dates, the Trial Court will have liberty to cancel the

                       bail bonds of the petitioner.



                                                                   (Rudra Prakash Mishra, J)
Rajorshi/-

U       T


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