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Patna High Court

Kanti Kumar @ Kranti KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner subject to bond, sureties and verification of antecedents.

Summary

The petitioner, Kanti Kumar, applied for pre‑arrest bail in a case (Malahi P.S. Case No. 271 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 29 litres of illicit country‑made liquor recovered from his poultry farm. He claimed he was falsely implicated, had no involvement in the liquor trade, and that his name surfaced only through a confessional statement of co‑accused Mithilesh Kumar. The State opposed the bail, but the court noted the petitioner’s clean antecedent, the reliance on a co‑accused’s confession, and the State’s failure to implement its liquor policy. Accordingly, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs. 10,000 bond with two sureties, subject to verification of his criminal antecedents and compliance with Section 482(2) of the BNSS. The bail application was disposed with the order for release.

Issues considered

  • Whether pre‑arrest bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act when the accusation is based solely on a co‑accused’s confessional statement and the petitioner has a clean antecedent

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • confessional statement
  • clean antecedent
  • Section 482
  • BNSS
  • illicit liquor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20926 of 2026
                   Arising Out of PS. Case No.-271 Year-2025 Thana- MALAHI District- East Champaran
                 ======================================================
                 Kanti Kumar @ Kranti Kumar, Male, Aged about 27 Years, Son of Panalal
                 Prasad @ Pannalal Prasad, Resident of Village/Mohalla - Gujrauliya, Police
                 Station - Malahi, District - East Champaran.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anil Kumar, Advocate
                 For the Opposite Party/s :       Mr. Umesh Lal Verma, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                                 Heard Mr. Anil Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Umesh Lal Verma,

                   learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Malahi P.S. Case No. 271 of 2025 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 29 litres of illicit

                   country-made liquor from a poultry farm belonging to the

                   petitioner.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the present case. Petitioner has no concern with the alleged
Patna High Court CR. MISC. No.20926 of 2026(2) dt.16-04-2026
                                            2/3




          seized liquor or with the poultry farm, from where 29 litres of

          illicit country-made liquor was recovered, nor he is involved in

          trade or consumption of illicit liquor in any manner. Name of

          the petitioner has surfaced on the basis of confessional

          statement made by co-accused Mithilesh Kumar, who was

          apprehended on the spot. 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. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that name of the petitioner has

          surfaced on the basis of confessional statement made by co-

          accused Mithilesh Kumar, who was apprehended on the spot,

          petitioner has clean antecedent 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 Malahi P.S. Case No. 271 of 2025, subject to
              Patna High Court CR. MISC. No.20926 of 2026(2) dt.16-04-2026
                                                          3/3




                        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

                        paragraph no. 3, this order will lose its force automatically.

                                     8. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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