Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner subject to conditions, finding a prima facie case for release.
Summary
Petitioner Rajesh Kumar was arrested in connection with an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 10.335 litres of illicit liquor seized from his house. He contended that the seizure was illegal because the authorities did not obtain the required jurisdictional satisfaction before searching his premises and asserted his innocence and clean criminal record. The State opposed the bail application. The High Court, after considering the FIR, the petitioner’s clean antecedent and the alleged procedural lapse in the seizure, held that the petitioner had made out a prima facie case for pre‑arrest bail. Accordingly, the Court directed that he be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, within four weeks, subject to the conditions of Section 482(2) of the BNSS and verification of any other criminal antecedents by the District Court.
Issues considered
- Whether pre‑arrest bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the seizure of the alleged illicit liquor was jurisdictionally valid.
- Whether the petitioner’s clean antecedent and alleged procedural irregularities justify the grant of bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- jurisdiction
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25349 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- EXCISE PATORI District- Samastipur
======================================================
Rajesh Kumar S/O Surendra Ray R/O Village- Maricha, Police Station- Halai,
Dist.- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Mahendra Pratap, Advocate
For the Opposite Party/s : Mr.Md. Fahimuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Mahendra Pratap, learned counsel
appearing on behalf of the petitioner and Mr. Md. Fahimuddin,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Patori Excise P.S. Case No. 10 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegation made in the FIR, 10.335
litres of illicit liquor was recovered from the house of the
petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that the seizure was conducted without jurisdiction, as
Patna High Court CR. MISC. No.25349 of 2026(2) dt.22-04-2026
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the authority concerned failed to record the requisite satisfaction
prior to exercising its power to search the petitioner’s house. In
the absence of such jurisdictional compliance, the entire seizure
stands vitiated in the eyes of law. Petitioner has clean
antecedent.
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 the petitioner has clean
antecedent and also the fact that the State has failed to
implement its liquor policy in its true spirit, I am of the opinion
that petitioner has, prima facie, made out a case to be released
on pre-arrest bail.
7. 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 Patori Excise P.S. Case No. 10 of
2026, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.25349 of 2026(2) dt.22-04-2026
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482(2) of the BNSS.
8. 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
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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