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Patna High Court

Chhotu @ Satish KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioner is entitled to pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and compliance with Section 482(2) of the BNSS.

Summary

The petitioner, Chhotu @ Satish Kumar, applied for pre‑arrest bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 9 litres of illicit foreign liquor recovered from co‑accused Babloo Kumar. The petitioner argued that he was not named in the FIR and was implicated only through Babloo Kumar’s confessional statement, asserting that he had no involvement in the liquor trade. The State opposed the bail, contending the seriousness of the offence. The High Court, noting the petitioner’s absence from the FIR and the reliance on a co‑accused’s confession, as well as the State’s failure to implement its liquor policy, ordered that the petitioner be released on pre‑arrest bail upon furnishing a bond of Rs 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The Court also directed the District Court to verify any pending criminal antecedents, and the bail application was disposed of.

Issues considered

  • Whether pre‑arrest bail can be granted when the petitioner is not named in the FIR but is implicated solely through a co‑accused’s confessional statement.
  • Whether the State’s alleged failure to implement its liquor policy influences the grant of bail.
  • Whether the conditions prescribed under Section 482(2) of the BNSS are applicable to the bail order.

Legislation cited

Subjects

  • pre‑arrest bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • confessional statement
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8340 of 2026
                    Arising Out of PS. Case No.-55 Year-2023 Thana- PARASBIGHA District- Jehanabad
                 ======================================================
                 Chhotu @ Satish Kumar, Male, aged about 30 years, Son of Rajendra Sao,
                 Resident Of village- Nayatola, P.S.- Jehanabad Town, District- Jehanabad

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

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

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

                   appearing on behalf of the petitioner and Mr. Abhay Kumar,

                   learned APP for the State.

                                2. The petitioner seeks pre-arrest bail in connection

                   with Parasbigha P.S. Case No. 55 of 2023 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 9 litres of illicit foreign

                   liquor from the possession of one co-accused Babloo Kumar.

                                4. Learned counsel appearing on behalf of the

                   petitioner submits that the petitioner has been falsely implicated

                   in the present case. Petitioner is not named in the FIR. The name

                   of the petitioner has surfaced on the basis of confessional

                   statement made by co-accused Babloo Kumar from whose
Patna High Court CR. MISC. No.8340 of 2026(2) dt.17-02-2026
                                            2/3




          possession, 9 litres of illicit liquor was recovered. Petitioner has

          no concern with the alleged seized liquor nor he is involved in

          trade or manufacturing of illicit liquor in any manner. Petitioner

          denied his complicity in the alleged offence. 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 is not named in

          the FIR. The name of the petitioner has surfaced on the basis of

          confessional statement made by co-accused Babloo Kumar from

          whose possession, 9 litres of illicit liquor was recovered and 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 Parasbigha P.S. Case No. 55 of 2023, subject to

          the condition as laid down under Section 482(2) of the BNSS.

                       7. The learned District Court is directed to verify
          Patna High Court CR. MISC. No.8340 of 2026(2) dt.17-02-2026
                                                      3/3




                    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.

                                 8. The present bail application is disposed of.



                                              (Purnendu Singh, J)
Niraj/-

U


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