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Patna High Court

Bala Ji @ Nanhi @ Sujit KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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                                     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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