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Patna High Court

Harendra RautversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, on a clean antecedent and the fact that the illicit liquor was recovered from an open, publicly accessible canal dam, the petitioner was entitled to pre‑arrest bail.

Summary

Harendra Raut was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 50 litres of illicit liquor from a canal dam in Bangalipatti. The petitioner claimed innocence, asserting that the liquor was found in an open, publicly accessible area and that he had no involvement, further emphasizing his clean antecedent. The State opposed the grant of pre‑arrest bail. The High Court, after considering the FIR and the circumstances of the recovery, held that the petitioner had made out a prima facie case for bail, given the open‑space nature of the seizure and his lack of prior criminal record. Consequently, the court ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS, directing the District Court to verify any other criminal antecedents.

Issues considered

  • Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act
  • Whether the open and publicly accessible nature of the liquor recovery site justifies granting bail

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • clean antecedent
  • open space
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38725 of 2026
                      Arising Out of PS. Case No.-50 Year-2026 Thana- SAHAJITPUR District- Saran
                 ======================================================
                 Harendra Raut S/O Ramayan Raut R/O Village- Bangalipatti, PS- Sahajitpur,
                 district- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sanjeet Kumar Singh, Advocate
                 For the Opposite Party/s :       Ms.Meena Singh, Advocate
                 ======================================================
                 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 Sahajitpur P.S. Case No. 50/2026 registered for the

                   offence(s) punishable under Section 30(a) of the Bihar

                   Prohibition and Excise Act.

                                 3. As per the allegation made in the FIR, 50 litres of

                   illicit liquor was recovered from the canal dam of village

                   Bangalipatti.

                                 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

                   submitted that recovery of illicit liquor has been made from a

                   canal dam which is an open space and is easily accessible by
Patna High Court CR. MISC. No.38725 of 2026(2) dt.17-06-2026
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          anyone. Petitioner has no concern either with the place of

          recovery 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 canal dam, 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 Sahajitpur P.S. Case No. 50/2026,

          subject to the conditions as laid down under Section 482(2) of

          the BNSS.

                       8. The learned District Court is directed to verify the
           Patna High Court CR. MISC. No.38725 of 2026(2) dt.17-06-2026
                                                       3/3




                     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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