Patna High Court
Umesh Roy @ Umesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
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
2/3
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
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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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