Patna High Court
Raj Kumar @ Bichchi LalaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner had made out a prima facie case for pre‑arrest bail and ordered his release on bail subject to the stipulated conditions.
Summary
The petitioner, Raj Kumar, was implicated in a case (Bypass PS Case No.79 of 2026) for alleged possession of 56 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The liquor was recovered from a roadside sack, an open space accessible to anyone, and the petitioner claimed he merely discarded the sack after seeing police. He applied for pre‑arrest bail, arguing innocence and lack of control over the recovered liquor. The State opposed the bail, but the court noted the open‑space recovery and the State’s failure to enforce its liquor policy, finding a prima facie case for bail. Consequently, the court ordered the petitioner’s release on pre‑arrest bail, subject to a Rs.10,000 bond, two sureties, and verification of his criminal antecedents under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged liquor was recovered from an open public space.
- Whether the circumstances disclosed in the FIR constitute a prima facie case justifying bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS apply to the bail order.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- open space recovery
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29482 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- BYPASS District- Patna
======================================================
Raj Kumar @ Bichchi Lala Son of Parma Bind @ Parma Beldar Resident of
Mohalla- Sidhe Bazar, Bahri Begampur, Patna City, P.S.- Bypss, District-
Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shyam Kumar Chaudhary, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 06-05-2026 Heard Mr. Shyam Kumar Chaudhary, learned
counsel appearing on behalf of the petitioner and Mr. Md.
Iftekhar Mahmood, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bypass P.S. Case No. 79 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, 56 litres of
illicit liquor was recovered from a sack allegedly thrown away
by the petitioner after seeing the police party.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case merely on suspicion.
Patna High Court CR. MISC. No.29482 of 2026(2) dt.06-05-2026
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Learned counsel further submitted that recovery of illicit liquor
has been made from the roadside, which is an open space and is
easily accessible by anyone. Petitioner has no concern either
with the place of recovery or with the alleged recovered liquor.
On these grounds, petitioner seeks to be released on pre-arrest
bail.
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 recovery of illicit liquor has
been made from the roadside, which is an open space and is
easily accessible by anyone 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
Patna High Court CR. MISC. No.29482 of 2026(2) dt.06-05-2026
3/3
pending in connection with Bypass P.S. Case No. 79 of 2026,
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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