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Patna High Court

Mantu RamversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
           Patna High Court CR. MISC. No.30362 of 2026(2) dt.13-05-2026
                                                       3/3




                     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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