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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.10487 of 2026(3) dt.23-04-2026
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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
Patna High Court CR. MISC. No.10487 of 2026(3) dt.23-04-2026
                                            3/4




          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
           Patna High Court CR. MISC. No.10487 of 2026(3) dt.23-04-2026
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                     force.

                                  9. The bail application stands disposed of.



                                                                (Purnendu Singh, J)
mantreshwar/-

U      T


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