Patna High Court
Chandeshwar RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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
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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
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