Patna High Court

Chandan KumarversusThe State of Bihar

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

Holding

The Court granted pre‑arrest bail to the petitioner subject to the conditions prescribed under Section 438(2) Cr.P.C. and Section 482(2).

Summary

The petitioner, Chandan Kumar, applied for pre‑arrest bail in a case (PS Case No. 30 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 99 litres of foreign liquor from a tempo. He claimed he was falsely implicated due to police enmity and that he neither owned the tempo nor had any involvement in liquor trade. The State opposed the bail. The Court, after noting that the seized vehicle did not belong to the petitioner and considering the alleged false implication, directed that he be released on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2). The District Court was instructed to verify any other criminal antecedents, and the bail order would lapse if such involvement is found. The bail application was disposed of with the grant of bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail despite allegations under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the fact that the seized tempo does not belong to the petitioner justifies granting bail.
Whether the alleged false implication and police enmity warrant the release of the petitioner on bail.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438(2), 482(2)

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Section 30(a)
Section 438 Cr.P.C.
Section 482 Cr.P.C.
false implication
police enmity
liquor seizure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25426 of 2026
                          Arising Out of PS. Case No.-30 Year-2026 Thana- DIGHA District- Patna
                 ======================================================
                 Chandan Kumar S/o Radhe Shyam Singh R/o Akhara Road, Yadubanshi
                 Nagar, P.S.- Digha, Dist.- Patna
                                                                   ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dhirendra Prasad Sinha, Advocate.
                 For the Opposite Party/s :        Mrs.Suman Kumari Singh, 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 Digha P.S. Case No. 30 of 2026 registered for the offence

                   punishable under Section 30(a) of the Bihar Prohibition and

                   Excise Act, as amended uptodate.

                                3. Allegation is of recovery of 99 litres of foreign

                   liquor from a tempo.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted that the petitioner has been falsely

                   implicated in the case due to enmity and highhandedness of the

                   police. He has no concern either with the seized liquor or trade

                   of liquor in any manner. The petitioner is not the owner of the

                   seized tempo. The name of the petitioner has surfaced in the

                   case on the disclosure made by co-accused Amarnath Thakur
          Patna High Court CR. MISC. No.25426 of 2026(2) dt.22-04-2026
                                                      2/2




                    due to enmity.

                                 5. Learned APP for the State has vehemently opposed

                    the prayer for grant of pre-arrest bail to the petitioner.

                                 6. Having heard the rival submissions made on behalf

                    of the parties, as well as, having perused the allegation made in

                    the F.I.R. and the fact the tempo from which liquor was

                    recovered does not belong to the petitioner, the petitioner, above

                    named, is directed to be released on pre-arrest bail, in the event

                    of his arrest or surrender before the Court below within a period

                    of four weeks from today, on furnishing bail bond of Rs.

                    10,000/- (Ten thousand) with two sureties of the like amount

                    each to the satisfaction of learned District Court where the case

                    is pending in connection with Digha P.S. Case No. 30 of 2026,

                    subject to the condition as laid down under Section 438(2) of

                    the Cr.P.C / Section 482 (2) BNSS.

                                 7. The 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 Para-

                    3 of the bail petition, this order will automatically lose its force.

                                 8. The bail application stands disposed of.


                                                            (Purnendu Singh, J)
mantreshwar/-
U      T

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