Patna High Court

Subhash ChandversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL REJECTED
Bench: PURNENDU SINGH

Holding

Pre‑arrest bail was denied as the petitioner was aware of the illegal transport of foreign liquor.

Summary

The petitioner, Subhash Chand, the owner of a truck, was charged under Section 30(a) of the Bihar Prohibition and Excise Act for transporting a large quantity of foreign liquor. He applied for pre‑arrest bail. The court examined the facts, noting the huge seizure of liquor from the truck and the petitioner’s knowledge of the cargo. Considering these circumstances, the judge was not persuaded to grant bail. Consequently, the bail application was dismissed. The case underscores the court’s strict approach to bail in serious prohibition offences.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the seizure.

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
foreign liquor
transport offence
bail denial

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.25057 of 2026
                     Arising Out of PS. Case No.-133 Year-2023 Thana- DARBHANGA SADAR District-
                                                        Darbhanga
                  ======================================================
                  Subhash Chand S/o Chint Ram R/o village- VPO Mawasindhian @
                  Mawasindhian, P.S.- Gagret, Dist.- Una, Himachal Pradesh
                                                                              ... ... Petitioner/s
                                                     Versus
                  The State of Bihar
                                                                       ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :     Mr.Santosh Kumar, Advocate.
                  For the Opposite Party/s :     Mr.Rajiv Nayan, APP.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                        ORAL ORDER

2    22-04-2026                     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 Sadar (Mabbi O.P.) P.S. Case No. 133 of 2023 registered

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

                    Prohibition and Excise Act.

                                 3. Considering the huge quantity of foreign liquor

                    recovered from a truck bearing Registration No. HP 72 C 9717,

                    and the fact that the petitioner, being the owner of the aforesaid

                    truck, was conscious of the transportation of the liquor loaded

                    over it, I am not inclined to enlarge the petitioner on pre-arrest

                    bail.

                                 4. The bail application stands disposed of.


                                                           (Purnendu Singh, J)
mantreshwar/-
U      T

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