Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
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
- Bihar Narcotic Substances Act — s. 317(5)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 34, 36
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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