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Patna High Court

Santosh ChoudharyversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court denied pre‑arrest bail to petitioner 2 but granted pre‑arrest bail to petitioner 1 subject to conditions.

Summary

Santosh Choudhary and Suganti Devi were implicated in a case where 100 litres of illicit liquor were seized, including 40 litres found in a motorcycle registered in the name of the second petitioner. The petitioners claimed they had no knowledge of the vehicle's use and that the first petitioner’s involvement was based solely on confessional statements of co‑accused, which lack evidentiary value. They sought pre‑arrest bail under the Bihar Prohibition and Excise Act, Section 30(a). The State opposed the bail. The High Court denied pre‑arrest bail to the second petitioner, citing the nature of the allegation and his prior similar offence, but granted bail to the first petitioner subject to a Rs 10,000 bond, two sureties, and verification of his criminal antecedent, under Section 482(2) of the CrPC. The bail application was disposed of accordingly.

Issues considered

  • Whether pre‑arrest bail should be granted to the second petitioner who is alleged owner of the vehicle used for transporting illicit liquor and has prior similar charges.
  • Whether pre‑arrest bail should be granted to the first petitioner whose alleged involvement rests only on confessional statements of co‑accused.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • vehicle registration
  • confessional statements
  • prior criminal antecedent
  • Bihar Prohibition and Excise Act
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43782 of 2026

                      Arising Out of PS. Case No.-179 Year-2026 Thana- DARAUNDA District- Siwan
                 ======================================================
           1.     Santosh Choudhary (Male) aged about 36 years, Son of Late Rajendra
                 Choudhary
           2.    Suganti Devi (Female) aged about 52 years, wife of Late Rajendra
                 Chaudhary
                 Both are Resident of Village - Tiyay, P.S - Aandar, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mrs. Kumari Anupam, Advocate
                 For the Opposite Party/s :      Mr. Suresh Prasad Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   08-07-2026                          Heard Mrs. Kumari Anupam, learned counsel

                   appearing on behalf of the petitioners and Mr. Suresh Prasad

                   Singh, learned APP for the State.

                                 2. The petitioners seek pre-arrest bail in connection

                   with Daraundha P.S. Case No. 179 of 2026 registered for the

                   offence punishable under Sections 30 (a) of the Bihar

                   Prohibition and Excise Act as amended up-to-date.

                                 3. Allegation is of recovery of 100 litres of illicit

                   liquor, out of which, 40 litres of illicit liquor was recovered
Patna High Court CR. MISC. No.43782 of 2026(2) dt.08-07-2026
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          from a motorcycle bearing Registration No. BR29BB-7296,

          registered in the name of the petitioner no. 2.

                       4. Learned counsel appearing on behalf of the

          petitioners submitted that the petitioner no. 2 has been

          implicated in the present case on the basis of registration

          certificate of the vehicle, which was being used by co-villager

          and the petitioner no. 2 had no knowledge that his vehicle was

          being misused for carrying illicit liquor. Petitioner no. 1 has

          been roped in the present case on the basis of confessional

          statement of co-accused persons, namely, Krishna Pasi and Lal

          Das Mahto, which has no evidentiary value in the eye of law.

          Petitioners have no concern with the alleged seized liquor nor

          they are involved in trade or manufacturing of illicit liquor in

          any manner. Petitioners denied their complicity in the alleged

          offence. Petitioner no. 1 has clean antecedent and petitioner no.

          2 has one antecedent of similar nature. On these grounds,

          petitioners seeks to be released on pre-arrest bail.

                       5. Learned APP for the State has vehemently opposed

          the prayer for grant of pre-arrest bail to the petitioner.

                       6. Considering the nature of allegation made in the

          FIR against the petitioner no. 2 and the previous criminal

          antecedents of petitioner no. 2, who has been made accused in
Patna High Court CR. MISC. No.43782 of 2026(2) dt.08-07-2026
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          one other case for similar offence allegedly committed under

          Bihar Prohibition and Excise Act as amended up-to-date, I am

          not inclined to enlarge the petitioner no. 2 on pre-arrest bail.

                       7. So far as, petitioner no. 1 is concerned, considering

          the fact that he has been made accused in the present case on

          the basis of confessional statement of co-accused persons,

          namely, Krishna Pasi and Lal Das Mahto, which has no

          evidentiary value in the eye of law. General and omnibus

          allegation has been levelled against him and also the fact that

          the State has failed to implement its liquor policy in its true

          spirit, the petitioner, above named, is directed to be released on

          pre-arrest bail, in the event of his/her 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 the learned District Court where the case is

          pending, in connection with Daraundha P.S. Case No. 179 of

          2026, subject to the condition as laid down under Section 482(2)

          of the BNSS.

                       8. The learned District Court is directed to verify

          the criminal antecedent of the petitioner no. 1 as stated in

          paragraph no. 3 of the bail application. If any other case is

          pending against the petitioner no. 1 as what has been stated
              Patna High Court CR. MISC. No.43782 of 2026(2) dt.08-07-2026
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                        in paragraph no. 3, this order will lose its force automatically.

                                     9. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


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