Patna High Court
Pradeep Singh @ Karu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail.
Summary
The petitioner, Pradeep Singh, was implicated in a case (Sitamarhi P.S. Case No. 24/2026) for allegedly possessing 50 litres of illicit liquor recovered behind his house, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for pre‑arrest bail, asserting his innocence, a clean criminal record, and that the liquor was found in an open area accessible to anyone. The State opposed the bail. The High Court, noting the open‑space recovery, the petitioner’s clean antecedent, and the State’s failure to implement its liquor policy, found a prima facie case for bail. Consequently, the court ordered his release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS. The order also directed the District Court to verify any other criminal antecedents, which could nullify the bail if 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 circumstances of recovery (open space behind the house) affect the prima facie case against the petitioner.
- Whether the petitioner’s clean antecedent warrants bail despite the alleged offence.
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(a)
- Section 482(2)
- clean antecedent
- open space recovery
- high court bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30368 of 2026
Arising Out of PS. Case No.-24 Year-2026 Thana- SITAMARHI District- Nawada
======================================================
Pradeep Singh @ Karu Singh S/O Late Ramchandra Singh @ Late Ramanand
Singh R/O Village - Rasalpura, P.S- Sitamarhi, Dist - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 13-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Sitamarhi P.S. Case No. 24/2026 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, 50 litres of
illicit liquor was recovered behind the house of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Learned counsel further
submitted that recovery of illicit liquor has been made behind
the house of the petitioner, which is an open space and is easily
accessible by anyone. Petitioner has no concern either with the
Patna High Court CR. MISC. No.30368 of 2026(2) dt.13-05-2026
2/3
place of recovery or with the alleged recovered liquor. Petitioner
has clean antecedent.
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 behind the house of the petitioner, 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
pending in connection with Sitamarhi P.S. Case No. 24/2026,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
Patna High Court CR. MISC. No.30368 of 2026(2) dt.13-05-2026
3/3
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.