Patna High Court
Prakash TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, given the petitioner’s clean antecedent and the open, under‑construction location of the alleged contraband, he is entitled to pre‑arrest bail.
Summary
The petitioner, Prakash Tanti, applied for pre‑arrest bail in a case (Shambhuganj P.S. Case No. 33 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2016, for possession of 38 litres of illicit liquor recovered from an under‑construction, open portion of his house. He claimed innocence, no involvement in liquor trade, and a clean criminal record. The State opposed the bail. The High Court, after reviewing the material, noted that the alleged contraband was found in an open, accessible space and that the petitioner had no prior record, concluding that he had made out a prima facie case for bail. Accordingly, the court ordered that he be released on pre‑arrest bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to Section 438(2) of the Cr.P.C. and Section 482 of the BNSS. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail order.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) of the Cr.P.C. and Section 482 of the BNSS in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s clean antecedent and the open, under‑construction nature of the premises where the liquor was recovered justify the grant of bail.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- Section 30(a) Bihar Prohibition and Excise Act
- clean antecedent
- open premises
- under‑construction house
- bail bond
- sureties
- Section 438 Cr.P.C.
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20453 of 2026
Arising Out of PS. Case No.-33 Year-2026 Thana- SHAMBHUGANJ District- Banka
======================================================
Prakash Tanti Son of Vitan Tanti Resident of Village - Haribanshpur (Teldiha),
Police Station - Shambhuganj, District - Banka.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghav Prasad, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Raghav Prasad, learned counsel
appearing on behalf of the petitioner and Ms. Indu Kumari
Srivastava, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Shambhuganj P.S. Case No. 33 of 2026 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 allegations made in the FIR, 38 litres of
country-made liquor was allegedly recovered from an under-
construction portion of the petitioner’s house.
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 alleged room
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has no door and it is an open space, easily 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 under-construction portion of the petitioner’s
house, which is stated to be an open and accessible space. I am
of the opinion that the petitioner having clean antecedent 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 Shambhuganj P.S.
Case No. 33 of 2026 , subject to the condition as laid down
under Section 438(2) of the Cr.P.C./482 of the BNSS.
8. The District Court is directed to verify the
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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
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