Patna High Court
Badal Kumar Bhuiya @ Badal BhuiyaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted regular bail to the petitioner, directing his release on a bail bond of Rs.10,000 with two sureties.
Summary
Badal Kumar Bhuiya was arrested in connection with the recovery of 423.360 litres of foreign liquor allegedly from a car he was driving, and charged under section 317(5) of the Bihar Narcotic Substances Act and sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The petitioner contended that no liquor was recovered from his possession, he had no criminal antecedent, and he had been in judicial custody since 6 September 2025. The State opposed his request for regular bail. After hearing both sides, the Patna High Court found no sufficient ground to deny bail and ordered his release on a regular bail bond of Rs.10,000 with two sureties, subject to the satisfaction of the Special Judge, Excise‑II, Muzaffarpur.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences under the Bihar Narcotic Substances Act and the Bihar Prohibition and Excise Act.
- Whether the fact that the liquor was not recovered from the petitioner’s possession warrants denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 317(5)
Subjects
- bail
- regular bail
- excise law
- prohibition
- foreign liquor
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91873 of 2025
Arising Out of PS. Case No.-481 Year-2025 Thana- SARAIYA District- Muzaffarpur
======================================================
Badal Kumar Bhuiya @ Badal Bhuiya S/O Rajesh Bhuiya R/O Village-
Bangali Kothi. Ward No. 34.P.S. Jhariya, District- Dhanbad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 28-01-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for regular bail in a case
registered for the offence punishable under sections 317(5) of
B.N.S and Sections 30(a) and 32(3) of Bihar Prohibition and
Excise Act.
3. The case of the prosecution is that from a car which
was driven by this petitioner, altogether 423.360 liters of
country made foreign liquor was recovered.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Learned
counsel for the petitioner has submitted that nothing has been
recovered from his possession. He has no concern with the
alleged recovery of liquor. A statement has been made in para-3
Patna High Court CR. MISC. No.91873 of 2025(2) dt.28-01-2026
2/2
of this petition that the petitioner has got no criminal antecedent.
Moreover, he is languishing in judicial custody since
06.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be released on bail in connection with
Saraiya P.S. Case No. 481 of 2025 on furnishing bail bond of
Rs.10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Judge
Excise-II, Muzaffarpur.
(Ashok Kumar Pandey, J)
Shubham/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.