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Patna High Court

Umesh Roy @ Umesh RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted pre‑arrest bail to the petitioner, subject to a bond, sureties and compliance with Section 482(2) of the BNSS.

Summary

The petitioner, Umesh Roy, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 60 litres of illicit liquor from an open bush. He claimed false implication, no involvement in liquor trade, and a clean antecedent, asserting that the recovery site was publicly accessible. The State opposed the bail, but the court noted the open nature of the recovery location and the State's failure to implement its liquor policy. Consequently, the court directed that the petitioner be released on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 482(2) of the BNSS. The district court was also instructed to verify the petitioner’s criminal antecedent, and the bail application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act involving alleged possession of illicit liquor.
  • Whether the circumstances of recovery from an open place and alleged false implication justify granting bail.
  • Whether the bail order should 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 482
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.30520 of 2026
                     Arising Out of PS. Case No.-45 Year-2026 Thana- MEHSI District- East Champaran
                 ======================================================
                 Umesh Roy @ Umesh Ray, Aged about 43 years, Gender- Male, Son of Ram
                 Ekbal Ray @ Rameakbal Rai, Resident of village- Bhimalpur, P.S- Mehsi,
                 District- East Champaran

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :        Dr. Kumar Uday Pratap, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   06-05-2026                           Heard Mr. Ajay Kumar Singh, learned counsel

                   appearing on behalf of the petitioner and Dr. Kumar Uday

                   Pratap, learned APP for the State.

                                2. At the outset, learned counsel appearing on behalf

                   of the petitioner seeks to make certain necessary correction in

                   paragraph no. 6 of the bail application in course of the day.

                                3. Permission is accorded.

                                4. The petitioner seeks pre-arrest bail in connection

                   with Mehsi P.S. Case No. 45 of 2026 registered for the offence

                   punishable under Section 30 (a) of the Bihar Prohibition and

                   Excise Act as amended up-to-date.

                                5. Allegation is of recovery of 60 litres of illicit liquor

                   from a bush.
Patna High Court CR. MISC. No.30520 of 2026(2) dt.06-05-2026
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                       6. 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 of illicit liquor in any

          manner. The name of the petitioner has been disclosed by

          chaukidaar due to previous enmity. The recovery was made

          from a bush, which is an open place and easily accessible to

          anyone. Petitioner has clean antecedent. On these grounds,

          petitioner seeks to be released on pre-arrest bail.

                       7. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       8. Considering the rival submissions made on behalf

          of the parties, as well as, the fact that the recovery of 60 litres of

          illicit liquor was made from a bush, 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
              Patna High Court CR. MISC. No.30520 of 2026(2) dt.06-05-2026
                                                          3/3




                        connection with Mehsi P.S. Case No. 45 of 2026, subject to the

                        condition as laid down under Section 482(2) of the BNSS.

                                     9. 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

                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     10. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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