Patna High Court
Dhirendra SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
In the absence of any material indicating conscious possession and given the open nature of the recovery site and the petitioner’s clean antecedent, the court held that pre‑arrest bail must be granted.
Summary
The petitioner, Dhirendra Singh, was implicated in a case (Udwantnagar PS Case No.259 of 2024) for alleged possession of 112 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. He claimed innocence, asserting that the liquor was recovered from an open public place and that there was no evidence of his conscious possession, and highlighted his clean antecedent. The State opposed the pre‑arrest bail. The High Court examined the FIR, the nature of the recovery site, and the lack of specific material linking the petitioner to the contraband. Finding no prima facie evidence of possession and noting the petitioner’s clean record, the Court directed that he be released on pre‑arrest bail upon furnishing a bond and sureties, subject to verification of any other criminal antecedents. The order is conditional on compliance with Section 438(2) of the Cr.P.C. and Section 482 of the Bihar Negotiable Instruments Act.
Issues considered
- Whether pre‑arrest bail is warranted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 where the alleged contraband was recovered from an open public place.
- Whether the absence of material indicating conscious possession and the petitioner’s clean antecedent justify granting bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- clean antecedent
- open public place
- Cr.P.C. 438
- Cr.P.C. 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20342 of 2026
Arising Out of PS. Case No.-259 Year-2024 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Dhirendra Singh S/O Kamla Singh Resident of Village- Asani, Police Station-
Udwantnagar, District- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Akash Kumar Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Mritunjay Kumar
Nirala, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Udwantnagar P.S. Case No. 259 of 2024 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016, as amended upto date.
3. As per the allegation made in the FIR, 112 litres of
country made liquor was recovered from three sacks concealed
in sand in front of school.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in the case. He has no concern either with the
seized liquor or trade of liquor in any manner. The place of
Patna High Court CR. MISC. No.20342 of 2026(2) dt.08-04-2026
2/3
recovery is an open place, which is accessible to anyone. The
petitioner has clean antecedent. On these grounds, petitioner
seeks to be released on pre-arrest bail.
5. Learned APP for the State has 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, upon perusal of the materials available
on record, this Court finds that the alleged recovery has been
made from an open place accessible to all and there is no
specific material indicating conscious possession of the
petitioner. I am of the opinion that the 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 District Court where the case is
pending/successor court in connection with Udwantnagar P.S.
Case No. 259 of 2024, subject to the condition as laid down
under Section 438(2) of the Cr.P.C./482 of the BNSS.
7. The District Court is directed to verify the
Patna High Court CR. MISC. No.20342 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 Para-3 of the bail petition, this order will
automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
Checking your session…