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Patna High Court

Hakku Lal DevversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court inclined to grant bail to the petitioner, subject to bond and conditions.

Summary

The petitioner, Hakku Lal Dev, was charged under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act for allegedly possessing 5 litres of liquor recovered from a hut near his house. He contended that he was falsely implicated, had no ownership of the hut, and that no incriminating material was found in his possession; his name was supplied by a local watchman and he was not arrested on the spot. The State opposed bail, while the petitioner’s counsel highlighted the lack of compliance with Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and the petitioner’s prior criminal antecedent being on bail. The court, after considering the circumstances and the period of custody, decided to grant bail, imposing a bond of Rs.15,000 with two sureties and conditions regarding family surety and regular appearance. The bail order was issued subject to cancellation if the petitioner defaults on two consecutive appearances.

Issues considered

  • Whether bail should be granted to an accused under Sections 30(a) and 30(d) of the Bihar Prohibition and Excise Act.
  • Whether non‑compliance of Section 103 of the Bharatiya Nagarik Suraksha Sanhita, 2023, warrants denial of bail.
  • Whether the petitioner’s prior criminal antecedent affects the grant of bail.

Legislation cited

Subjects

  • bail
  • prohibition law
  • excise
  • criminal procedure
  • Section 103
  • prior antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9176 of 2026
                 Arising Out of PS. Case No.-112 Year-2025 Thana- GHANSHYAMPUR District- Darbhanga
                 ======================================================
                 Hakku Lal Dev S/o- Kedar Lal Dev R/v- Pohaddi Bela Ps- Ghanshyampur
                 Dist- Darbhanga
                                                                        ... ... Petitioner/s
                                               Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Shivam Prerna, Advocate
                 For the Opposite Party/s :      Mr. Yogendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

2   12-02-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in connection with

                   Ghanshyampur P.S. Case No. 112 of 2025, instituted for the

                   offences punishable under Sections 30(a) and 30(d) of the Bihar

                   Prohibition and Excise Act.

                                 3. The prosecution case, in short, is that 05 liters

                   liquor was recovered from hut situated beside the house of

                   petitioner.

                                 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.9176 of 2026(2) dt.12-02-2026
                                            2/3




          for the petitioner also submitted that the petitioner was not

          arrested on spot. Name of the petitioner has transpired in this

          case on the basis of disclosure made by local chaukidar. It is

          further submitted that the petitioner is not the owner of the hut

          from where the alleged recovery has been made. The petitioner

          is in custody since 09.12.2025 and has got one criminal

          antecedent in which he is on bail. 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 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 Ghanshyampur P.S.

          Case No. 112 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.9176 of 2026(2) dt.12-02-2026
                                                         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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