Created by Fuzzy Cloud

Patna High Court

Hakim RaiversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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
                                            2/3




          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
                                                       3/3




                     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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.