Patna High Court
Saheb Rai @ Saheb RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that, given the open‑field recovery of illicit liquor and the petitioner’s clean antecedent, the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act, subject to bail bond and conditions.
Summary
The petitioner, Saheb Rai, sought pre‑arrest bail for an alleged offence under Section 30(a) of the Bihar Prohibition and Excise Act, where police recovered 4.2 litres of illicit liquor and 20 litres of fermented Mahua from a maize field in front of his house. The petitioner claimed innocence, asserting that the open field is accessible to anyone and that he has a clean criminal record. The State opposed the bail application. The court, after considering the FIR and the open‑field nature of the recovery, found that the petitioner had made out a prima facie case for bail. Accordingly, the court ordered his release on pre‑arrest bail upon furnishing a Rs.10,000 bond with two sureties, subject to conditions under Section 482(2) of the BNSS and verification of his antecedents by the District Court.
Issues considered
- Whether pre‑arrest bail should be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act where the alleged contraband was recovered from an open field.
- Whether the petitioner’s clean antecedent and the open‑field recovery justify the grant of bail.
- Whether the conditions prescribed under Section 482(2) of the BNSS apply to the bail order.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- open field doctrine
- clean antecedent
- Section 482(2) conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38720 of 2026
Arising Out of PS. Case No.-63 Year-2026 Thana- BACHHWARA District- Begusarai
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Saheb Rai @ Saheb Ray S/O Late Harbansh Rai @ Harbansh Rai @ Harbans
Rai R/O Village – Bishanpur (Bisanpur), P.S- Bachhwara, District - Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr.Md. Anzarul Haque Sahara, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-06-2026 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 Bachhwara P.S. Case No. 63 of 2026 registered for the
offence(s) punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per the allegations made in the FIR, 4.2 litres of
illicit liquor were recovered from a maize field situated in front
of the petitioner's house. From the same maize field, 20 litres of
raw material (fermented Mahua) were also seized, which were
subsequently destroyed on the spot by the police personnel.
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
Patna High Court CR. MISC. No.38720 of 2026(2) dt.17-06-2026
2/3
submitted that recovery of illicit liquor has been made from a
maize field which is an open space and is easily accessible by
anyone. Petitioner has no concern either with the place of
recovery (maize field) or with the alleged sized 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 and upon perusal of the allegations made in
the FIR, coupled with the fact that the alleged recovery of illicit
liquor was effected from a maize field, which is an open space
and easily accessible by anyone, I am of the opinion that
petitioner, who is having a 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 Bachhwara P.S. Case No. 63 of
2026, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.38720 of 2026(2) dt.17-06-2026
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482(2) of the BNSS.
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
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