Pre-arrest bail application in an excise case over recovery of 324 litres of illicit liquor from a river bank. Pre-arrest bail was refused to petitioner no.1 due to a criminal antecedent, but granted to petitioner no.2, who had clean antecedents, subject to conditions.
Pre-arrest bail granted to petitioner no.2 only; refused to petitioner no.1.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.18977 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- SUPPI District- Sitamarhi
======================================================
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dwij Raj, Advocate For the Opposite Party/s : Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER
2 08-04-2026
Heard Mr. Dwij Raj, learned counsel appearing on
behalf of the petitioner and Ms.Asha Devi, learned APP for the State.
Patna High Court CR. MISC. No.18977 of 2026(2) dt.08-04-2026 2/3
falsely been implicated in the present case. Learned counsel further submitted that recovery of illicit liquor has been made from the bank of river Bagmati , which is an open space and is easily accessible by anyone. Petitioners have no concern either with the place of recovery or with the alleged recovered liquor. Petitioner no.1 has one criminal antecedent under Excise Act, whereas, petitioner no.2 has clean antecedent.
So far as petitioner no.2 is concerned, considering his clean antecedent, the petitioner no.2, 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 Suppi P.S. Case
Patna High Court CR. MISC. No.18977 of 2026(2) dt.08-04-2026 3/3
No. 27 of 2026, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Purnendu Singh, J)
Sanjay/-
U T
1 issue framed by the court
Whether pre-arrest bail should be granted to petitioners accused under Section 30(a) of the Bihar Prohibition and Excise Act for recovery of 324 litres of illicit liquor.
2 provisions across 2 enactments
Bigan Mahto
Vikas Mahto
The State of Bihar
Purnendu Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
