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Patna High Court

Satish Kumar @ Satish PrasadversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

Petitioners 1 and 3 are entitled to pre‑arrest bail, while petitioners 2 is denied bail due to a prior criminal antecedent.

Summary

The petitioners Satish Kumar, Ashok Kumar and Sikandar Yadav applied for pre‑arrest bail in a case (Fatuha PS No.148 of 2020) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for possession of 300 litres of illicit liquor recovered near the Punpun river. The petitioners claimed they were falsely implicated and had no involvement with the seized liquor. The State opposed the bail. The High Court, noting the open location of the recovery and the State’s failure to implement its liquor policy, granted pre‑arrest bail to petitioners 1 and 3 subject to a Rs 10,000 bond with two sureties and a four‑week surrender period, under Section 482(2) of the CrPC. Petitioners 1 and 3 were also directed to have their criminal antecedents verified. Petitioners 2 was denied bail because of a prior conviction under Section 47 of the Bihar Excise Act, 1915.

Issues considered

  • Whether pre‑arrest bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the presence of a prior criminal antecedent under Section 47 of the Bihar Excise Act, 1915, bars pre‑arrest bail.
  • Whether Section 482(2) of the Criminal Procedure Code authorises the High Court to grant pre‑arrest bail in the circumstances.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • Section 482 CrPC
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20419 of 2026
                         Arising Out of PS. Case No.-148 Year-2020 Thana- FATUA District- Patna
                 ======================================================
           1.     Satish Kumar @ Satish Prasad, aged about 47 years, Gender- Male.
           2.    Ashok Kumar aged about 56 years, Gender- Male.
           3.    Sikandar Yadav @ Sikandar Singh @ Karu, aged about 36 years, Gender-
                 Male, All are S/o Late Chandradev Singh @ Chandradev Rai. All are
                 Resident of Village- Bhagwanpur, PS - Fatuha, Distt- Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Jay Ram Prasad, Advocate
                 For the Opposite Party/s :       Mr. Bishweshwar Ram, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-04-2026                        Heard Mr. Jay Ram Prasad, learned counsel

                   appearing on behalf of the petitioners and Mr. Bishweshwar

                   Ram, learned APP for the State.

                                2. The petitioners seek pre-arrest bail in connection

                   with Fatuha P.S. Case No. 148 of 2020 registered for the offence

                   punishable under Sections 30(a) of the Bihar Prohibition and

                   Excise Act as amended up-to-date.

                                3. Allegation is of recovery of 300 litres of illicit

                   country-made liquor from near the bank of Punpun river.

                                4. Learned counsel appearing on behalf of the

                   petitioners submitted that petitioners are innocent and have

                   falsely been implicated in the present case. Learned counsel
Patna High Court CR. MISC. No.20419 of 2026(2) dt.08-04-2026
                                            2/3




          appearing on behalf of the petitioners submits that the

          petitioners have been falsely implicated in the present case.

          Petitioners have no concern with the alleged seized liquor nor

          they are involved in trade or consumption of illicit liquor in any

          manner. The recovery was made from near the bank of Punpun

          river, which is an open place and easily accessible to anyone.

          On these grounds, 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, the fact that the recovery of 300 litres

          of illicit liquor was made from near the bank of Punpun river,

          which is an open place and easily accessible to any one and also

          the fact that the State has failed to implement its liquor policy in

          its true spirit, the petitioners no. 1 and 3, above named, are

          directed to be released on pre-arrest bail, in the event of their

          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) each with two sureties of the

          like amount each to the satisfaction of the learned District Court

          where the case is pending, in connection with Fatuha P.S. Case
              Patna High Court CR. MISC. No.20419 of 2026(2) dt.08-04-2026
                                                          3/3




                        No. 148 of 2020, subject to the condition as laid down under

                        Section 482(2) of the BNSS.

                                     7. So far as petitioner no. 2 is concerned, considering

                        that he has one criminal antecedent under Section 47 of the

                        Bihar Excise Act, 1915, I am not inclined to enlarge him on pre-

                        arrest bail.

                                     8. The learned District Court is directed to verify

                        the criminal antecedent of the petitioners no. 1 and 3 as

                        stated in paragraph no. 3 of the bail application. If any other

                        case is pending against the petitioners no. 1 and 3 as what has

                        been stated in paragraph no. 3, this order will lose its force

                        automatically.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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