Patna High Court
Mantu RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, on a clean antecedent and the recovery of liquor from an open public place, the petitioner had made out a prima facie case for pre‑arrest bail and therefore was entitled to be released on bail subject to Section 482(2) CrPC conditions.
Summary
Mantu Ram applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act, alleging that 10 litres of illicit liquor were recovered from an open public area and that he had no connection with the liquor, the bicycle, or the recovery site. He asserted his innocence, a clean antecedent, and argued that the recovery was from a place accessible to anyone. The State opposed the bail. The High Court, after reviewing the FIR and the circumstances, found that the petitioner had made out a prima facie case for bail, noting his clean record and the open‑space recovery, and directed that he be released on pre‑arrest bail subject to conditions under Section 482(2) of the CrPC. The court also directed the District Court to verify his criminal antecedent, stating that the bail order would lapse if any other involvement is found.
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.
- Whether the facts of recovery from an open public place and the petitioner's clean antecedent justify bail under Section 482(2) of the Criminal Procedure Code.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482 CrPC
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30362 of 2026
Arising Out of PS. Case No.-144 Year-2025 Thana- GOVINDGANJ District- East
Champaran
======================================================
Mantu Ram S/o Harendra Ram Resident Of Village - Mananpur, P.s. -
Govindganj, Dist.- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pravin Kumar, Advocate
For the Opposite Party/s : Mr.Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard Mr. Pravin Kumar, learned counsel appearing
on behalf of the petitioner and Mr. Nityanand, learned APP for
the State.
2. The petitioner seeks pre-arrest bail in connection
with Govindganj P.S. Case No. 144 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, 10 litres of
illicit liquor was recovered from a sack tied on a bicycle, which
was allegedly left 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. He further submitted that
Patna High Court CR. MISC. No.30362 of 2026(2) dt.13-05-2026
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recovery of illicit liquor has been made from the Manapur Dala,
which is an open space and is easily accessible by anyone The
petitioner has no connection whatsoever with the place of
recovery, the bicycle, or the alleged recovered liquor. Petitioner
has clean antecedent. 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 Manapur Dala, 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, who is having clean antecedent, 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
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pending in connection with Govindganj P.S. Case No. 144 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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