Patna High Court
Chandan Kumar @ Chandan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail as the alleged liquor was recovered from the co‑accused’s premises and there is no evidence of his involvement, subject to bond and verification of antecedents.
Summary
Chandan Kumar (alias Chandan Singh) applied for pre‑arrest bail in an excise case where 46.17 litres of illicit foreign liquor was recovered from the house of co‑accused Jakan Manjhi. The petitioner claimed that he had no involvement in the liquor trade and that the case was false and motivated by enmity. The State opposed the bail, arguing that the offence under Section 30(a) of the Bihar Prohibition and Excise Act was serious. The High Court, after considering the submissions, noted that the liquor was seized from the co‑accused’s premises and that there was no direct evidence linking the petitioner to the contraband, also observing the State’s failure to implement its liquor policy. Accordingly, the Court granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and directed the District Court to verify the petitioner’s criminal antecedents, with the order lapsing if other pending cases are found. The bail application was disposed of with the grant of bail.
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 liquor from the co‑accused’s premises establishes sufficient grounds to deny bail.
- Whether the State’s alleged failure to implement its liquor policy influences the bail decision.
- Whether conditions under Section 482(2) of the Code of Criminal Procedure apply to the bail order.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Criminal Procedure Code — s. 482(2)
Subjects
- pre‑arrest bail
- excise law
- illicit liquor
- Section 30(a)
- Section 482(2)
- Bihar Prohibition and Excise Act
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8305 of 2026
Arising Out of PS. Case No.-516 Year-2025 Thana- PAKARIBARAW District- Nawada
======================================================
Chandan Kumar @ Chandan Singh, aged about 37 years, Male, son of
Shyamdev Singh @ Shyam Singh, resident of Village- Keshauri, P.S.-
Pakribarawan, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shankar Kumar, Advocate
For the Opposite Party/s : Mr. Kanhiya Kishor, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Shankar Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Kanhiya Kishor,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Pakribarawan Excise P.S. Case No. 516 of 2025 registered
for the offence punishable under Section 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 46.17 litres of illicit
foreign liquor from the house of co-accused Jakan Manjhi.
4. Learned counsel appearing on behalf of the
petitioner submits that due to enmity, the petitioner has been
planted in a false case. The recovery of 46.17 litres of illicit
foreign liquor was made from the house of co-accused Jakan
Patna High Court CR. MISC. No.8305 of 2026(2) dt.17-02-2026
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Manjhi and petitioner has no concern with the alleged seized
liquor nor he is involved in trade of liquor in any manner. On
these grounds, petitioner 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 rival submissions made on behalf
of the parties, as well as, the fact that the recovery of 46.17 litres
of illicit foreign liquor was made from the house of co-accused
Jakan Manjhi 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
Pakribarawan Excise P.S. Case No. 516 of 2025, subject to the
condition as laid down under Section 482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
Patna High Court CR. MISC. No.8305 of 2026(2) dt.17-02-2026
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8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
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