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Patna High Court

Chanchal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to pre‑arrest bail.

Summary

The petitioner, Chanchal Kumar, sought pre‑arrest bail in an excise case (S.T. Excise Case No.1088/2025) alleging that illicit liquor was recovered from the house of a co‑accused, Golu Yadav, and that he had no involvement. He claimed innocence, a clean criminal record, and no connection to the seized liquor. The State opposed the bail. The High Court, after reviewing the FIR and noting the recovery was from the co‑accused’s premises and the petitioner’s clean antecedent, formed a prima facie opinion in favor of bail. The court directed that the petitioner be released on pre‑arrest bail upon surrender, subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS. The order also directed the District Court to verify the petitioner’s criminal antecedent, with the bail order lapsing if adverse findings emerge.

Issues considered

  • Whether pre‑arrest bail is warranted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act when the alleged contraband was recovered from a co‑accused’s residence.
  • Whether the petitioner’s clean antecedent and lack of direct connection to the seized liquor justify granting bail.
  • Application of Section 482(2) of the BNSS in granting pre‑arrest bail.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2)
  • clean antecedent
  • excise offence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29442 of 2026
                    Arising Out of PS. Case No.-533 Year-2025 Thana- TRIVENIGANJ District- Supaul
                 ======================================================
                 Chanchal Kumar S/o Kalakant Yadav R/o Village - Kupadiya, ward No.13,
                 P.S - Triveniganj, District - Supaul

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :      Mr.Shyameshwar Dayal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                         Heard Mr. Arvind Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Shyameshwar

                   Dayal, learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with S.T. Excise Case No.1088/2025 arising out of Triveniganj

                   P.S. Case No. 533 of 2025 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, 44.28 litres

                   of illicit liquor was recovered from the house of co-accused

                   Golu Yadav, with whom the petitioner is alleged to have been

                   engaged in the illicit liquor business.

                                 4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.29442 of 2026(2) dt.06-05-2026
                                            2/3




          petitioner submitted that the petitioner is innocent and has been

          falsely implicated in the present case. It is further submitted that

          the recovery of illicit liquor was made from the house of co-

          accused Golu Yadav and that the petitioner has no connection

          either with the said co-accused or with the seized liquor. It is

          also submitted that the petitioner has a 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 and upon perusal of the allegations made in

          the FIR, particularly considering that the recovery of illicit

          liquor was made from the house of co-accused Golu Yadav,

          coupled with the fact that the petitioner has a clean antecedent,

          this Court is of the prima facie opinion that the petitioner has

          made out a case for grant of 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 S.T. Excise Case No.1088/2025
           Patna High Court CR. MISC. No.29442 of 2026(2) dt.06-05-2026
                                                       3/3




                     arising out of Triveniganj P.S. Case No. 533 of 2025, subject to

                     the conditions as laid down under Section 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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