Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners deserve to be granted pre‑arrest bail.
Summary
The petitioners, Arun Kumar and Dinesh Kumar, were arrested after police seized 35 litres of illicit liquor from motorcycles and alleged they were freed by a mob. They claimed they were falsely implicated due to personal enmity and had no involvement with the liquor or motorcycles. The State opposed their pre‑arrest bail, citing multiple offences under the Bihar Narcotic Substances Act and a prior case under the Bihar Prohibition and Excise Act. The Court observed that no seizure list was produced and that the lack of proper documentation raised doubts about the prosecution's case. Consequently, the Court granted pre‑arrest bail subject to a bond and sureties, directing the District Court to verify any other criminal antecedents, and ordered the bail application disposed of.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bihar Narcotic Substances Act.
- Whether the absence of a seizure list and prior implication under Section 30(a) of the Bihar Prohibition and Excise Act affect the grant of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 109, 115(2), 118(1), 121, 132, 190, 191(2), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- illicit liquor
- seizure list
- false implication
- Section 438 CrPC
- Section 482 CrPC
- Bihar Prohibition and Excise Act
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10487 of 2026
Arising Out of PS. Case No.-697 Year-2025 Thana- DAUDNAGAR District- Aurangabad
======================================================
1. Arun Kumar S/o- Santu Yadav Village- Mahadeva PS-Obra District-
Aurangabad Bihar
2. Dinesh Kumar S/o- Santu Yadav Village- Mahadeva PS-Obra District-
Aurangabad Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs.Rupa Kumari, Advocate.
For the Opposite Party/s : Mr.Choubey Jawahar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 23-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Daudnagar P.S. Case No. 697 of 2025 registered for the
offence punishable under Sections 191(2), 190, 115(2), 118(1),
109, 121 and 132 of BNS.
3. On 06/11/2025 at about 3:50 A.M., police party
received information about illicit liquor being transported on
motorcycles and proceeded to Daudnagar Chauram Pool. They
intercepted three motorcycles, apprehended Arun Kumar and
Dinesh Kumar, and recovered 35 liters of illicit country-made
liquor from two motorcycles in presence of constables. The
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accused were arrested and given seizure lists; however, while
returning, 20–25 persons attacked the police team near the
Patna-Aurangabad road over bridge, freed the accused, and
injured several officers, including Constable Manjesh Kumar,
after which the injured were treated and the case was registered.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners have been falsely
implicated in the case due to enmity. Petitioners have no
concern either with the seized liquor or trade of liquor or the
motorcycles in question in any manner. No police official has
sustained any injury in the occurrence.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioners.
6. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
F.I.R., it transpires that the petitioners, in paragraph 3 of the bail
application, have disclosed that they have been made accused in
a similar case, being Obra P.S. Case No. 339 of 2023, instituted
under Section 30(a) of the Bihar Prohibition and Excise Act, and
that on such basis they have also been implicated in the present
case. This Court further finds that the alleged seizure is of 35
litres of illicit liquor. However, it is contended that no seizure
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list was prepared at the spot, nor has any such document been
made part of the F.I.R. The said aspect requires verification
from the seizure list, if any, prepared in connection with the
case. If, upon such verification, it is found that only 35 litres of
illicit liquor was recovered, the same may indicate a failure on
the part of the State officials to implement the law in its proper
perspective. In the aforesaid facts and circumstances, this Court
is of the considered view that the petitioners deserve to be
enlarged on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the Court below within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Ten
thousand) each with two sureties of the like amount each to the
satisfaction of learned District Court where the case is pending
in connection with Daudnagar P.S. Case No. 697 of 2025,
subject to the condition as laid down under Section 438(2) of
the Cr.P.C / Section 482 (2) BNSS.
8. The District Court is directed to verify the criminal
antecedent of the petitioners and if it is found that the petitioners
are involved in some other cases as what has been stated in
Para-3 of the bail petition, this order will automatically lose its
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force.
9. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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