Patna High Court

Santosh NutversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: PURNENDU SINGH

Holding

The court held that the petitioner is entitled to pre‑arrest bail as the allegations are prima facie weak and the open‑space recovery does not warrant detention.

Summary

The petitioner, Santosh Nut, applied for pre‑arrest bail in a case under Section 30(a) of the Bihar Prohibition and Excise Act where five litres of illicit liquor were allegedly recovered from an open bush. The petitioner claimed innocence, arguing that the liquor was found in a public area accessible to anyone, and that the recovery location was irrelevant. The State opposed the bail, seeking continued detention. The High Court, after reviewing the FIR and noting the open‑space recovery and the State's failure to enforce its liquor policy, found the petitioner had made a prima facie case for bail. Consequently, the court ordered his release on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 482(2) of the BNSS, and directed the District Court to verify his 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 recovery of illicit liquor from an open space justifies denial of bail.
Whether conditions under Section 482(2) of the BNSS apply to the bail order.

Subjects

pre‑arrest bail
illicit liquor
Bihar Prohibition and Excise Act
Section 30(a)
Section 482(2)
open space recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8132 of 2026
                       Arising Out of PS. Case No.-207 Year-2025 Thana- JALALPUR District- Saran
                 ======================================================
                 Santosh Nut S/o Late Dinanath Nut R/o Village- Mangolapur, P.S.- Jalalpur,
                 District- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Hemant Kumar, Advocate
                 For the Opposite Party/s :       Mr.Tarkeshwar Nath Thakur, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

2   17-02-2026                         Heard Mr. Hemant Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Tarkeshwar Nath

                   Thakur learned APP for the State.

                                 2. The petitioner seeks pre-arrest bail in connection

                   with Jalalpur P.S. Case No. 207 of 2025 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, 5 litres of

                   illicit liquor was recovered from a bush.

                                 4. Learned counsel appearing on behalf of the

                   petitioner submitted that petitioner is innocent and has falsely

                   been implicated in the present case. He further submitted that

                   recovery of illicit liquor has been made from the bush, which is

                   an open space and is easily accessible by anyone. Petitioner has
Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026
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          no concern either with the place of recovery or with the alleged

          recovered liquor.

                        5. Learned APP for the State vehemently opposed the

          prayer for grant of pre-arrest bail.

                        6. Having considered the rival submissions made on

          behalf of the parties, as well as, having perused the allegation

          made in the FIR and the fact that recovery of illicit liquor has

          been made form an open space and also the fact that the State

          has failed to implement its liquor policy in its true spirit, I am of

          the opinion that petitioner 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 Jalalpur P.S. Case No. 207 of 2025,

          subject to the conditions 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 and if it is found that the
           Patna High Court CR. MISC. No.8132 of 2026(2) dt.17-02-2026
                                                       3/3




                     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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