Patna High Court

Govind Kumar @ Govind SahniversusThe State of Bihar

Decided: 6 May 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The Court granted pre‑arrest bail to the petitioner, subject to bond and verification of antecedents.

Summary

The petitioner, Govind Kumar, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 12 litres of country‑made liquor from a motorcycle. He contended that he was falsely implicated due to personal enmity and that the motorcycle belonged to a co‑accused, not to him. The State opposed the bail. The Court, after noting that the seized liquor was recovered from a vehicle not owned by the petitioner and that his name surfaced only through the co‑accused’s disclosure, ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of his criminal antecedents. The bail order is conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the same code, and it will lapse if the petitioner is found involved in other cases. The bail application was disposed of with the grant of bail.

Issues considered

Whether the petitioner is entitled to pre‑arrest bail under Section 438(2) Cr.P.C. in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
Whether the petitioner’s alleged involvement is substantiated given that the seized liquor was recovered from a vehicle not owned by him.

Legislation cited

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

Subjects

pre‑arrest bail
Bihar Prohibition and Excise Act
Section 30(a)
Criminal Procedure Code
Section 438
Section 482
false implication
excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29414 of 2026
                   Arising Out of PS. Case No.-13 Year-2026 Thana- EXCISE PATORI District- Samastipur
                 ======================================================
                 Govind Kumar @ Govind Sahni S/o Ramlakhan Sahni R/o Village - Harpur
                 Bhindi Ward no. 4, P.S - Tajpur, District - Samastipur
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ajay Kumar, Advocate.
                 For the Opposite Party/s :        Mr.Sanjay Kumar Tiwary, APP.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                      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 Excise Patory P.S. Case No. 13 of 2026 registered for the

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

                   and Excise Act.

                                3. Allegation is of recovery of 12 litres of country

                   made liquor from a motorcycle.

                                4. Learned counsel appearing on behalf of the

                   petitioner submitted 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

                   motorcycle from which liquor was recovered belongs to other

                   co-accused on whose disclosure the name of the petitioner

                   surfaced in the present case.

                                5. Learned APP for the State has vehemently opposed
          Patna High Court CR. MISC. No.29414 of 2026(2) dt.06-05-2026
                                                      2/2




                    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 motorcycle from which liquor

                    was recovered does not belong to the petitioner and his name

                    surfaced in the case on the disclosure of co-accused Pawan

                    Kumar who was apprehended on the spot, 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 Escise Patory P.S. Case No. 13 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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