Patna High Court
Harendra RautversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Bihar Narcotic and Smuggling Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a)
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
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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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