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Patna High Court

Badal Kumar Bhuiya @ Badal BhuiyaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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