Patna High Court
Sandeep Kumar @ Sandip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to bond and sureties, pending verification of his antecedents.
Summary
The petitioner, Sandeep Kumar, sought pre‑arrest bail after 1,800 litres of illicit liquor was recovered from a motorcycle registered in his name. He claimed he was falsely implicated because the vehicle was parked in a public area and he had no involvement in liquor trade, asserting a clean antecedent. The State opposed the bail, citing the recovery of a large quantity of illegal liquor from his vehicle. The High Court noted that ownership of the vehicle alone does not justify arrest and, considering the lack of evidence of the petitioner's participation, ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of his criminal antecedent. The order was made under Section 482(2) of the BNSS and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner accused under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of illicit liquor.
- Whether mere registration of a vehicle in the petitioner's name suffices to justify arrest.
- Whether the conditions of Section 482(2) of the BNSS apply to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30
- vehicle registration
- criminal antecedent
- Section 482(2) BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30248 of 2026
Arising Out of PS. Case No.-138 Year-2026 Thana- MUFFASIL District- West Champaran
======================================================
Sandeep Kumar @ Sandip Kumar about 38 years (M) son of Yamuna Prasad
@ Yamuna Sah, resident of Village - Lalgarh, Police Station - Bettiah
Muffasil, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Brij Kishor Mishra, learned counsel
appearing on behalf of the petitioner and Mrs. Anita Kumari,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bettiah Muffasil P.S. Case No. 138 of 2026 registered for
the offence punishable under Sections 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 1.800 litres illicit liquor
from a motorcycle bearing Registration No. BR22AU-5346
belonging to the petitioner, which was parked at the road side
near the railway Gumati Ganauli.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
Patna High Court CR. MISC. No.30248 of 2026(2) dt.13-05-2026
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in the present case simply because the vehicle from which the
illicit liquor was recovered, is registered in his name. The
motorcycle was parked at the road side near the railway Gumati
Ganauli, which is an open place and easily accessible to anyone.
Petitioner has no concern with the alleged seized liquor nor he is
involved in trade of liquor in any manner. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the fact that the recovery of 1.800
litres illicit liquor was made from a motorcycle bearing
Registration No. BR22AU-5346 belonging to the petitioner,
which was parked at the road side near the railway Gumati
Ganauli, which is an open place and easily accessible to any one
and also the fact that the State has failed to implement its liquor
policy in its true spirit, the petitioner, above named, is directed
to be released on pre-arrest bail, in the event of his/her 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 the learned District Court where the
Patna High Court CR. MISC. No.30248 of 2026(2) dt.13-05-2026
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case is pending, in connection with Bettiah Muffasil P.S. Case
No. 138 of 2026, subject to the condition as laid down under
Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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