Patna High Court

Chhotu KumarversusThe State of Bihar

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

Holding

The court held that, given the liquor was recovered from an open place and the petitioner had no proven involvement, pre‑arrest bail could be granted subject to statutory conditions.

Summary

The petitioner, Chhotu Kumar, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged involvement in the seizure of 204 litres of illicit liquor from the bank of the River Ganga. The petitioner contended that he neither sold nor consumed the liquor and that the seizure occurred in an open, publicly accessible area, thus he had no connection to the contraband. The State opposed the bail, arguing the seriousness of the offence. The court, after considering the facts, directed that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The court also directed the district court to verify the petitioner’s criminal antecedents, stating that the order would lapse if any involvement is discovered.

Issues considered

Whether pre‑arrest bail is permissible in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the seized liquor was recovered from an open public place.
Whether the petitioner’s alleged lack of involvement justifies granting bail under Section 438(2) of the Criminal Procedure Code and Section 482(2) of the BNSS.

Legislation cited

BNSS — s. 482(2)
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 438 CrPC
Section 482 BNSS
illicit liquor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20359 of 2026
                      Arising Out of PS. Case No.-102 Year-2026 Thana- KHAJEKALA District- Patna
                 ======================================================
                 Chhotu Kumar son of Khelari Rai @ Basant Rai @ Shiv Basant Yadav
                 Resident of village - Mittan Ghat, PS- Khajekalan, Dist- Patna
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Pramod Kumar, Advocate
                 For the Opposite Party/s :       Mr.Arun Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                      Heard learned counsel appearing on behalf of the

                   petitioner and the learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Khajekalan P.S.Case No.102 of 2026, registered for the

                   offences punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                3. As per the allegations made in the FIR, the police

                   seized 204 ltrs. of country-made liquor from the bank of river

                   Ganga.

                                4. The learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner is not involved in either

                   sale or consumption of the liquor. He further submitted that the

                   recovery of the illicit liquor has been made from the bank of

                   river Ganga, which is an open place and easily accessible to

                   anyone. Learned counsel further submitted that the petitioner

                   has no concern either with the seized liquor or from the place of
            Patna High Court CR. MISC. No.20359 of 2026(2) dt.08-04-2026
                                                        2/2




                      the recovery.

                                   5. Learned APP for the State vehemently opposed the

                      prayer for grant of pre-arrest bail.

                                   6. Having heard the rival submissions of the parties,

                      as well as, having considered that the illicit liquor has been

                      recovered the bank of river Ganga, which is the open place and

                      accessible to anyone, the petitioner is directed to be released on

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

                      district court within a period of four weeks from today, on

                      furnishing bail bond of Rs.10,000/- (Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of learned

                      district court, where the case is pending in connection with

                      Khajekalan P.S.Case No.102 of 2026, subject to the conditions

                      as laid down under Section 438(2) of the Cr.P.C./Section 482(2)

                      of BNSS.

                                   7. The learned district court is directed to verify the

                      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)
chn/-
U       T

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