Patna High Court
Nepali Rai @ Nawalkishore RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner is entitled to pre‑arrest bail subject to conditions, as the allegations do not constitute a strong case against him.
Summary
The petitioner, Nepali Rai, sought pre‑arrest bail in a case (PS 306/2025) alleging possession of 50 litres of illicit liquor under Sections 30(a), 32 and 41(1) of the Bihar Prohibition and Excise Act. The FIR stated that the liquor was recovered from an open area behind his house, which the petitioner claimed he had no control over. The State opposed bail, arguing the seriousness of the offence. The High Court examined the FIR, the open‑space nature of the recovery and the State’s failure to implement its liquor policy, and concluded that the petitioner had made out a prima facie case for bail. Accordingly, the Court directed 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 verification of any criminal antecedents.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the BNSS in view of the alleged recovery of illicit liquor.
- Whether the FIR establishes a prima facie case sufficient to deny bail.
- Whether the open‑space location of the liquor recovery affects the bail decision.
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482(2) bail
- criminal procedure
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8246 of 2026
Arising Out of PS. Case No.-306 Year-2025 Thana- LAKHAURA District- East Champaran
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Nepali Rai @ Nawalkishore Rai S/o Late Jirjodhan Rai R/o Village -
Laxmipur, P.S - Lakhaura, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rajesh Ranjan, Advocate
For the Opposite Party/s : Mr.Shyam Bihari Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Rajesh Ranjan, learned counsel
appearing on behalf of the petitioner and Mr. Shyam Bihari
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Lakhaura P.S. Case No. 306 of 2025 registered for the
offence(s) punishable under Sections 30(a), 32 and 41(1) of the
Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 50 litres of
illicit liquor was recovered behind the house of the petitioner.
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 behind the house of the
petitioner, which is an open space and is easily accessible by
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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 behind the house of the petitioner, 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 Lakhaura P.S. Case No. 306 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
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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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