Patna High Court
Azad KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner subject to the stipulated bond, sureties and conditions under Section 482(2) of the BNSS.
Summary
Azad Kumar applied for pre‑arrest bail in a case (Mansi PS No.55 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act for the recovery of 18 litres of illicit liquor near the veranda of co‑accused Ankit Kumar. The petitioner claimed he was falsely implicated and had no involvement in the alleged liquor trade. The State opposed the bail. The High Court, noting the open location of the seizure and the State's failure to implement its liquor policy, granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and compliance with Section 482(2) of the BNSS, directing the District Court to verify the petitioner’s criminal antecedents. The bail order will lapse automatically if any other pending case is found, and the bail application was disposed of.
Issues considered
- Whether pre‑arrest bail should be granted in an offence under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the petitioner was falsely implicated in the alleged seizure of illicit liquor.
- Whether bail can be conditioned under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- false implication
- Section 30(a)
- Section 482(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30277 of 2026
Arising Out of PS. Case No.-55 Year-2026 Thana- MANSI District- Khagaria
======================================================
Azad Kumar, Son of Gulo Yadav, R/O Village- Khutiya, PS - Mansi, Dist.-
Khagaria, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Seema Kumari, Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mrs. Seema Kumari, learned counsel
appearing on behalf of the petitioner and Mr. Syed Mojibur
Rahman, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Mansi P.S. Case No. 55 of 2026 registered for the offence
punishable under Section 30 (a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 18 litres of illicit liquor
from near the Varanda of the house of one co-accused Ankit
Kumar.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or consumption of illicit
Patna High Court CR. MISC. No.30277 of 2026(2) dt.13-05-2026
2/3
liquor in any manner. The recovery was made from near the
Varanda of the house of one co-accused Ankit Kumar, which is
an open place and easily accessible to anyone. 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 rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 18 litres of
illicit liquor was made from near the Varanda of the house of
one co-accused Ankit Kumar, 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 case is pending, in connection with Mansi P.S.
Case No. 55 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
Patna High Court CR. MISC. No.30277 of 2026(2) dt.13-05-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.