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Patna High Court

Nepali Rai @ Nawalkishore RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
                 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
Patna High Court CR. MISC. No.8246 of 2026(2) dt.17-02-2026
                                            2/3




          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
           Patna High Court CR. MISC. No.8246 of 2026(2) dt.17-02-2026
                                                       3/3




                     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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