Patna High Court

Pradhan MarandiversusThe State of Bihar

Decided: 8 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court held that the petitioner is entitled to pre‑arrest bail, subject to conditions under Section 482(2) of the BNSS, as he has made out a prima facie case of innocence.

Summary

The petitioner, Pradhan Marandi, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 30 litres of illicit liquor recovered from his house. He applied for pre‑arrest bail, claiming innocence and asserting that other members of his joint family may have concealed the liquor. The State opposed the bail, arguing the seriousness of the offence. The High Court, after considering the FIR, the joint‑family context, and the State's failure to implement its liquor policy, found that the petitioner had made a prima facie case for bail. Accordingly, the court directed his release on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of his criminal antecedents.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the circumstances of a joint family and possible concealment by other members justify granting bail.
Whether Section 482(2) of the BNSS can be invoked to impose conditions on the bail.

Legislation cited

BNSS — s. 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
illicit liquor
joint family
Section 30(a)
Section 482(2)
BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18965 of 2026
                        Arising Out of PS. Case No.-359 Year-2025 Thana- KADWA District- Katihar
                 ======================================================
                 Pradhan Marandi Son of Sarju Marandi Resident of Chhatiyan, PS- Kadwa,
                 Distt- Katihar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :        Mr.Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                      Heard Mr. Sanjeev Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Mr. Sanjay Kumar,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kadwa P.S. Case No. 359 of 2025 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 30 litres of

                   illicit liquor was recovered from the house of the petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is innocent and has been

                   falsely implicated in the present case. It is further submitted that

                   the petitioner resides in a joint family, and that some other

                   family members may have concealed the liquor and as such, the
Patna High Court CR. MISC. No.18965 of 2026(2) dt.08-04-2026
                                            2/3




          petitioner has no connection with the seized liquor. On these

          grounds, the petitioner seeks to be released on pre-arrest bail

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having heard the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that petitioner resides in a joint

          family and that some other family members may have concealed

          the liquor and also the fact that the State has failed to implement

          its liquor policy in its true spirit, I am of the opinion that

          petitioner has, prima facie, made out a case to be released on

          pre-arrest bail.

                       7. The petitioner, above named, is directed to be

          released on pre-arrest bail, in the event of his arrest or surrender

          before the learned District Court within a period of four weeks

          from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of learned          Concerned Court where the case is

          pending in connection with Kadwa P.S. Case No. 359 of 2025,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                       8. The learned District Court is directed to verify the
           Patna High Court CR. MISC. No.18965 of 2026(2) dt.08-04-2026
                                                       3/3




                     criminal antecedent of the petitioner and if it is found that the

                     petitioner is involved in some other cases, as what has been

                     stated in paragraph no.3 of the bail application, this order will

                     automatically lose its force.



                                               (Purnendu Singh, J)
Sanjay/-

U      T

Continue reading with your account

Checking your session…