Patna High Court
Santosh Ram @ Santosh RajwadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The High Court granted pre‑arrest bail to the petitioner, subject to a bond, sureties and verification of antecedents under Section 482(2) of the BNSS.
Summary
The petitioner, Santosh Ram, was implicated in a case (Nasriganj P.S. Case No. 06 of 2026) for allegedly possessing eight litres of illicit Mahua liquor, an offence punishable under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the case was false, stemming from personal enmity, and asserted a clean criminal record, seeking pre‑arrest bail. The State opposed the bail, arguing the seriousness of the alleged contravention. The Court, after considering the modest quantity of liquor and the State’s failure to implement its liquor policy, granted pre‑arrest bail subject to a bond of Rs 10,000 and two sureties of equal amount, conditioned on verification of the petitioner’s antecedents under Section 482(2) of the BNSS. The District Court was directed to verify any pending cases against the petitioner, failing which the bail order would lapse. The bail application was disposed with the grant of pre‑arrest bail.
Issues considered
- Whether pre‑arrest bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act for possession of illicit liquor.
- Whether the quantity of liquor (8 litres) and alleged false case justify denial of bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS are applicable to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- false case claim
- clean antecedent
- bail bond
- sureties
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20417 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- NASRIGANJ District- Rohtas
======================================================
Santosh Ram @ Santosh Rajwad, Son of Sujit Ram @ Sujit Rajwad, Resident
of Village- Sirisiya Bigha, P.s.- Nasriganj, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Fazle Karim, Advocate
For the Opposite Party/s : Mr. Kumar Ranjit Ranjan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Md Fazle Karim, learned counsel
appearing on behalf of the petitioner and Mr. Kumar Ranjit
Ranjan, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Nasriganj P.S. Case No. 06 of 2026 registered for the
offence punishable under Section 30 (a) of the Bihar Prohibition
and Excise Act as amended up-to-date.
3. Allegation is of recovery of 8 litres of illicit Mahua
liquor from the shop of the petitioner.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20417 of 2026(2) dt.08-04-2026
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petitioner submits that due to enmity, the petitioner has been
planted in a false case. Petitioner has no concern with the
alleged seized liquor nor he is involved in trade of illicit liquor
in any manner. 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 to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the quantity of liquor, which has been
recovered and also the fact that the State has failed to implement
its liquor policy in its true spirit, the petitioner, above named, is
directed to be released on pre-arrest bail, in the event of his/her
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 the learned District Court
where the case is pending, in connection with Nasriganj P.S.
Case No. 06 of 2026, subject to the condition as laid down
under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
Patna High Court CR. MISC. No.20417 of 2026(2) dt.08-04-2026
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paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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