Created by Fuzzy Cloud

Patna High Court

Chandeshwar RaiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court granted pre‑arrest bail to the petitioner subject to a cash bond, sureties and verification of his antecedents.

Summary

Chandeshwar Rai applied for pre‑arrest bail after being implicated in a case alleging recovery of 17.28 litres of illicit foreign liquor from his residence under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that the case was false, stemming from personal enmity, and that the liquor might have been hidden by other members of his joint family; he also highlighted his clean criminal record. The State opposed the bail. The High Court, noting the petitioner’s clean antecedent, the possibility of family involvement, and the State’s failure to enforce its liquor policy, ordered that he be released on pre‑arrest bail upon furnishing a Rs 10,000 bond with two sureties, subject to Section 482(2) of the Code of Criminal Procedure. The Court directed the District Court to verify his criminal antecedents and stated that the order would lapse automatically if any undisclosed case is found. The bail application was disposed of with the grant of bail.

Issues considered

  • Whether pre‑arrest bail should be granted to the accused in a case under Section 30(a) of the Bihar Prohibition and Excise Act concerning alleged possession of illicit liquor.

Legislation cited

Subjects

  • pre‑arrest bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • Section 482(2) CrPC
  • clean antecedent
  • joint family

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8316 of 2026
                   Arising Out of PS. Case No.-461 Year-2025 Thana- BACHHWARA District- Begusarai
                 ======================================================
                 Chandeshwar Rai, male, aged about 35 years, Son of Krishnadev Ray @
                 Krishnadeo Rai @ Kishubdev Ray, Resident of Village- Chamtha-02, Ward
                 No. 08, (Chamtha Barkhut), Barkhut Nayatola, P.S.- Bachhwara, District-
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :      Mr. Ramchandra Sahni, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
                                       ORAL ORDER

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

                   appearing on behalf of the petitioner and Mr. Ramchandra

                   Sahni, learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Bachhwara Excise P.S. Case No. 461 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 17.28 litres of illicit

                   foreign liquor from the house of the petitioner.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that due to enmity, the petitioner has been

                   planted in a false case. Petitioner has no concern with the

                   alleged seized liquor nor he is involved in trade of liquor in any
Patna High Court CR. MISC. No.8316 of 2026(2) dt.17-02-2026
                                            2/3




          manner. He further submitted that that petitioner resides in a

          joint family and some other members of the family may have

          hid the liquor. Petitioner has clean antecedent. 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 petitioner resides in a joint

          family and some other members of the family may have hid the

          liquor. Petitioner has clean antecedent 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 Bachhwara Excise P.S. Case No. 461 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
              Patna High Court CR. MISC. No.8316 of 2026(2) dt.17-02-2026
                                                          3/3




                        pending against the petitioner as what has been stated in

                        paragraph no. 3, this order will lose its force automatically.

                                     8. The present bail application is disposed of.



                                                  (Purnendu Singh, J)
Niraj/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.