Patna High Court
Hakku Lal DevversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
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/-
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