Patna High Court
Dudheshwar Singh @ Dudhay SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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
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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
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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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