Patna High Court
Hakim RaiversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PURNENDU SINGH
Holding
Pre‑arrest bail was denied to petitioner 1 due to his three prior similar convictions, while it was granted to petitioners 2, 3 and 4 subject to bond and surrender conditions.
Summary
The petitioners, four brothers from Kadhan Diyara, sought pre‑arrest bail in a case alleging possession of 400 litres of illicit liquor and 2000 litres of Mahua, offences punishable under Sections 274 and 275 of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act. They claimed innocence, arguing that the liquor was recovered from an open area accessible to anyone. Petitioner 1 had three prior similar convictions, while petitioners 2, 3 and 4 each had one prior conviction. The Court, after hearing counsel, refused bail to petitioner 1 on account of his criminal antecedents, but granted pre‑arrest bail to the other three on condition of a Rs 10,000 bond, two sureties, and surrender to the District Court within four weeks, subject to Section 482(2) of the BNSS. The District Court was directed to verify any further criminal history of petitioners 2‑4, and the bail application was disposed.
Issues considered
- Whether pre‑arrest bail should be granted to petitioner 1 who has three prior convictions under the same statutes.
- Whether pre‑arrest bail can be granted to petitioners 2, 3 and 4 given the recovery of illicit liquor from an open space and their lesser criminal antecedents.
- Application of Section 482(2) of the Bihar Narcotic Substances Act in granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Mahua
- Section 274 BNS
- Section 275 BNS
- Section 30(a) Bihar Prohibition and Excise Act
- prior convictions
- open space recovery
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21271 of 2026
Arising Out of PS. Case No.-14 Year-2026 Thana- KESARIA District- East Champaran
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1. Hakim Rai S/o Hajari Rai
2. Lakhindra Rai S/o Bachchan Rai
3. Ajay Rai S/o Rambabu Rai
4. Subhash Rai S/o Chanar Rai
All are R/o Village - Kadhan Diyara, Ward No.9, P.S - Kesariya, District -
East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 16-04-2026 Heard Mr. Abhishek Kumar, learned counsel
appearing on behalf of the petitioners and Mr. Awadhesh Kumar
Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Kesariya P.S. Case No. 14 of 2026 registered for the
offence(s) punishable under Sections 274, 275 of theBNS and
Section 30(a) Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 400 litres
of illicit liquor was recovered from the plastic sack allegedly
thrown by the petitioners from village Kadhan Diyara and 2000
litres of Mahua was also recovered which was destroyed at the
Patna High Court CR. MISC. No.21271 of 2026(2) dt.16-04-2026
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alleged place of occurrence.
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
falsely been implicated in the present case. Learned counsel
further submitted that recovery of illicit liquor has been made
from open space, which is easily accessible by anyone.
Petitioners have no concern either with the place of recovery or
with the alleged recovered liquor. Petitioner no.1 has three
criminal antecedents of similar nature, whereas petitioners no.2,
3 and 4 have one criminal antecedent each.
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 petitioner no.1 has three
criminal antecedents of similar nature, I am not inclined to
grant pre-arrest bail to the petitioner no.1.
7. So far as other petitioners are concerned,
considering the fact that recovery of illicit liquor has been made
from open space which is easily accessible by anyone, the
petitioners no.2, 3 and 4, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.21271 of 2026(2) dt.16-04-2026
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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 learned Concerned Court
where the case is pending in connection with Kesariya P.S.
Case No. 14 of 2026, subject to the conditions as laid down
under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioners no.2, 3 and 4 and if it is
found that the petitioners no.2, 3 and 4 are involved in some
other cases, as what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
9. The bail application accordingly disposed of.
(Purnendu Singh, J)
Sanjay/-
U
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