Patna High Court
Bala Ji @ Nanhi @ Sujit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner.
Summary
The petitioner was accused under Section 30(a) of the Excise and Prohibition Act for the alleged recovery of 333 litres of illicit liquor from the Ganga river. No incriminating material was found in his possession and he was implicated only on suspicion, having been in custody since 17‑11‑2025 with a charge‑sheet already filed. The State opposed bail, citing two prior similar criminal antecedents. The court considered the nature of the accusation, the period of custody, and the filing of the charge‑sheet, and concluded that these factors did not preclude bail. Accordingly, the court ordered the petitioner’s release on regular bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail should be granted to the accused under Section 30(a) of the Excise and Prohibition Act, considering the nature of the offence, period of custody, filing of charge‑sheet, and prior criminal antecedents.
Subjects
- bail
- Excise and Prohibition Act
- Section 30(a)
- illicit liquor
- criminal antecedents
- regular bail
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90298 of 2025
Arising Out of PS. Case No.-188 Year-2020 Thana- BAKHTIYARPUR District- Patna
======================================================
Bala Ji @ Nanhi @ Sujit Kumar S/o Bindi Rai @ Brind Kumar Resident of
village - Naya Tola, Raghopur, P.S - Bakhtiyarpur, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rakesh Bihari Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 12-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner seeks regular bail in connection with
Bakhtiyarpur P. S. Case No. 188 of 2020 in a case registered for
the offence punishable under Section 30(a) of the Excise and
Prohibition Act.
3. As per prosecution case, 333 liters illicit liquor was
recovered from the bank of Ganga river.
4. Learned counsel for the petitioner submits that
petitioner no incriminating material has been recovered from
conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused in this case only on suspicion. Petitioner is in custody
since 17.11.2025. Charge-sheet has already been submitted.
Patna High Court CR. MISC. No.90298 of 2025(2) dt.12-02-2026
2/2
5. However, learned A.P.P. for the State vehemently
opposed the bail application and submitted that petitioner has
got two criminal antecedents of similar nature.
6. Considering the nature of accusation, period of
custody and the fact that charge-sheet has been submitted, this
bail application is allowed. The petitioner, above named, is
directed to 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 Exclusive Special Judge,
Excise, Barh, Patna in connection with Bakhtiyarpur P. S. Case
No. 188 of 2020.
(Prabhat Kumar Singh, J)
Navya/-
U T
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