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Patna High Court

Arun KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

The bail application was dismissed.

Summary

Arun Kumar sought bail fearing arrest in a case involving the recovery of 640 litres of illicit liquor. He was charged under Section 317(5) of the Bihar Narcotic Substances Act and Sections 30(a), 34 and 36 of the Bihar Prohibition and Excise Amendment Act, 2022. The prosecution’s case relied on a confessional statement of a co‑accused that mentioned the petitioner’s name. The High Court, noting the large quantity of liquor seized, was not persuaded that bail was appropriate. Consequently, the bail application was dismissed and the petitioner was ordered to surrender and later apply for regular bail before the lower court.

Issues considered

  • Whether bail should be granted to the petitioner in view of the seriousness of the offence and the quantum of illicit liquor recovered
  • Whether the confessional statement of a co‑accused suffices to justify denial of bail

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition
  • excise
  • confessional statement
  • criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.37923 of 2026
                         Arising Out of PS. Case No.-33 Year-2026 Thana- DEV District- Aurangabad
                  ======================================================
                  Arun Kumar Son of Narayan Yadav R/O Vill.- Ajarkawe Hasauli, P.S.-
                  Aurangabad Mufasil, District- Aurangabad (Bihar)
                                                                          ... ... Petitioner/s
                                                    Versus
                  The State of Bihar
                                                                   ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :       Mr.Aman Vishal
                  For the Opposite Party/s :       Mr.Ramesh Chandra
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                        ORAL ORDER

2    30-06-2026                    Heard the parties.

                                 2. The petitioner apprehends his arrest in connection

                    with Deo P.S. Case No. 33 of 2026 registered for the offence

                    under Section 317(5) of the BNS and under Section 30(a), 34,

                    36 of the Bihar Prohibition and Excise Amendment Act, 2022.

                                 3. As per the prosecution case, the recovery is of 640

                    liters of illicit liquor.

                                 4. The name of the petitioner has surfaced in this case

                    on the confessional statement of the co-accused.

                                 5. In view of the quantum of recovery, this Court is

                    not inclined to grant bail to the petitioner.

                                 6. Accordingly, this application is dismissed.

                                 7. The petitioner is directed to surrender and pray for

                    regular bail which shall be considered by the Court below on its

                    own merits.


                                                              (Sandeep Kumar, J)
Vikas/-
U


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