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Patna High Court

Pandit Kishku @ Manoj KishkuversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the open place of seizure, lack of clear evidence, and the petitioner’s clean antecedent, pre‑arrest bail under Section 438 Cr.P.C. should be granted.

Summary

Pandit Kishku (Manoj Kishku) was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 25 litres of mahua liquor from a gallon. He claimed he was falsely implicated due to personal enmity, had no involvement with the seized liquor, and possessed a clean antecedent. The State opposed his pre‑arrest bail, while the petitioner’s counsel highlighted the open nature of the seizure location and lack of clear seizure details. The High Court, noting the open place of recovery, the petitioner’s clean record, and the absence of a precise seizure list, granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of any other criminal antecedents. The order was conditioned on compliance with Section 438(2) Cr.P.C. and Section 482(2) and directed the District Court to verify the petitioner’s antecedents, after which the bail application was disposed.

Issues considered

  • Whether pre‑arrest bail should be granted to the petitioner under Section 438 Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the open place of seizure and lack of clear seizure details affect the grant of bail

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Criminal Procedure Code
  • open place seizure
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.25447 of 2026
                    Arising Out of PS. Case No.-169 Year-2025 Thana- PIRI BAZAR District- Lakhisarai
                 ======================================================
                 Pandit Kishku @ Manoj Kishku S/o- Suraju Kishku, Resident of village- Tali
                 Bishanpur PS- Piri Bazar Dist-Lakhisarai

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Satish Kumar Sinha, Advocate.
                 For the Opposite Party/s :        Mr.Indu Kumari Srivastava, 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 Piri Bazar P.S. Case No. 169 of 2025 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 25 litres of mahua

                   liquor from a gallon.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the case due to enmity. He has no concern either with the

                   seized liquor or trade of liquor in any manner. The place of

                   recovery is an open place which is accessible to anyone. The

                   petitioner has clean antecedent.
Patna High Court CR. MISC. No.25447 of 2026(2) dt.22-04-2026
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                       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 that the place of recovery is an open place

          which is accessible to anyone, 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 Piri Bazar P.S. Case No. 169 of 2025, 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.

                       9. Place of seizure is not clearly mentioned in the

          Seizure list. Let a copy of this order be communicated to the

          Superintendent of Police, Lakhisarai, so that he can seek a
          Patna High Court CR. MISC. No.25447 of 2026(2) dt.22-04-2026
                                                      3/3




                    report from the concerned officer who has prepared the seizure

                    list and has drawn the F.I.R. against the petitioner.


                                                            (Purnendu Singh, J)
mantreshwar/-
U      T


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