Patna High Court

Rahul Ray @ Rahul KumarversusThe State of Bihar

Decided: 16 April 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

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

Summary

The petitioner, Pankaj Kumar Singh, applied for pre‑arrest bail in a case (Kartaha PS Case No. 131/2025) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for possession of 375 ml of illicit liquor recovered from a motorcycle allegedly owned by him. He claimed innocence, stating the vehicle was taken by a neighbour who has since been arrested. The State opposed the bail. The Court, after considering the FIR, the open‑place recovery of liquor, and the petitioner's claim, ordered that he 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 Section 482(2) of the BNSS and verification of his criminal antecedents.

Issues considered

Whether pre‑arrest bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
Whether the circumstances of recovery of illicit liquor from an open place justify granting bail.
Whether the petitioner's claim of innocence and ownership of the vehicle is sufficient to merit bail.

Legislation cited

BNSS — s. 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
illicit liquor
Section 30(a)
Section 482(2)
bail conditions
criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20967 of 2026
                      Arising Out of PS. Case No.-131 Year-2025 Thana- KARTAHA District- Vaishali
                 ======================================================

                 Pankaj Kumar Singh @ Pankaj Kumar S/o- Late Shashi Singh Resident of
                 Village- Ram Nagar Tola, Ghataro, P.S.- Kartaha, District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================

                 Appearance :
                 For the Petitioner/s     :       Mr.Sunil Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr.Abhay Kumar Roy, APP

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   16-04-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Kartaha P.S. Case No. 131/2025 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise (Amendment) Act, 2022.

                                 3. As per the allegations made in the FIR, 375 ml. of

                   Indian made foreign liquor has been recovered from a

                   motorcycle         bearing     Registration        No.KA0IKA9355                 and

                   Registration No.MBLHAW228PHH22087 parked at Ghataro

                   Gassing Tola.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.20967 of 2026(2) dt.16-04-2026
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          petitioner submitted that petitioner is innocent and has falsely

          been implicated in the present case. He further submitted that

          the said motorcycle belongs to the petitioner, which was taken

          by his neighbour, namely, Chandan Kumar on the pretext of

          some urgent work and said Chandan Kumar has been arrested.

                        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, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made from the open place, which is accessible to any one.

          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      Concerned Court where the case is pending            in

          connection with Kartaha P.S. Case No. 131/2025, subject to the

          conditions 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 and if it is found that the

          petitioner is involved in some other cases, as what has been
            Patna High Court CR. MISC. No.20967 of 2026(2) dt.16-04-2026
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                      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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