Patna High Court
Chandan Kumar Ray @ Chandan Kumar @ Chandan Kumar @ BelagversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail as the court found a prima facie case in his favour.
Summary
The petitioner, Chandan Kumar Ray, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 20 litres of illicit liquor recovered from a banana orchard behind his house. He contended that the orchard is an open space accessible to anyone and that he had no involvement with the liquor. The State opposed his request for pre‑arrest bail. The Court, after reviewing the FIR and the circumstances of the recovery, held that the petitioner had made out a prima facie case for bail, noting the lack of direct evidence linking him to the liquor and the State's failure to enforce its liquor policy. Accordingly, the Court ordered his release on pre‑arrest bail upon furnishing a bond of Rs.10,000 with two sureties, subject to Section 482(2) of the BNSS, and directed the District Court to verify his criminal antecedents, which could nullify the order if adverse findings arise.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act given the circumstances of the alleged recovery.
- Whether the open nature of the orchard and lack of direct evidence constitute a prima facie case for bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- Section 482(2)
- open space recovery
- prima facie evidence
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8139 of 2026
Arising Out of PS. Case No.-464 Year-2025 Thana- SHAHPUR PATORI District- Samastipur
======================================================
Chandan Kumar Ray @ Chandan Kumar @ Chandan Kumar @ Belag S/o
Siyaram Ray R/o Village - Pyarepur, P.S - Patori, District - Samastipur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Ajay Kumar, learned counsel appearing on
behalf of the petitioner and Mr. Sanjay Kumar Pandey, learned
APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Patori P.S. Case No. 464 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, 20 litres of
illicit liquor was recovered from a banana orchard, located
behind the petitioner’s house.
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 banana
Patna High Court CR. MISC. No.8139 of 2026(2) dt.17-02-2026
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orchard, which is an open space and is easily accessible by
anyone. Petitioner has 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 from the banana orchard, which is an open space and
is easily accessible by anyone, 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 Patori P.S. Case No. 464 of 2025,
subject to the conditions as laid down under Section 482(2) of
the BNSS.
Patna High Court CR. MISC. No.8139 of 2026(2) dt.17-02-2026
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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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