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Patna High Court

Azad KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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