Allowed¶22

Harendra Raut v. The State of Bihar

Patna HC17 Jun 2026CR. MISC./38725/2026

Case brief

AI extract

What is this about?

Anticipatory/pre-arrest bail allowed; Bihar Prohibition and Excise Act S. 30(a); 50 litres illicit liquor recovered from open canal dam, village Bangalipatti; clean antecedent; bail bond Rs. 10,000 with two like sureties; conditions under S. 482(2) BNSS; order lapses on verification of other criminal antecedents; Sahajitpur P.S. Case No. 50/2026, District Saran; Patna High Court CR. MISC. No.38725 of 2026; Purnendu Singh, J.; decided 17-06-2026.

What did the court decide?

Pre-arrest bail granted: petitioner to be released on bail in the event of arrest or surrender before the learned District Court within four weeks, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to conditions under Section 482(2) of the BNSS; order to automatically lose force if other criminal antecedents are found. ¶22

Harendra Raut Vs The State of Bihar — Anticipatory Bail | Patna HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to pre-arrest bail in connection with Sahajitpur P.S. Case No. 50/2026 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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Court's answer

Coupling the FIR allegations with the fact that the alleged recovery of illicit liquor was effected from a canal dam, an open space easily accessible by anyone, the court was of the opinion that the petitioner, who is having a clean antecedent, has prima facie made out a case to be released on pre-arrest bail.

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Ratio / Principle

The petitioner was directed to be released on pre-arrest bail in the event of his arrest or surrender before the learned District Court within four weeks, on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned concerned court, subject to the conditions laid down under Section 482(2) of the BNSS.

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Key takeaways

The learned District Court was directed to verify the criminal antecedent of the petitioner; if he is found involved in some other cases, as stated in paragraph no.3 of the bail application, the pre-arrest bail order will automatically lose its force.ratio¶25

Detailed headnote1 paragraphs

Pre-arrest bail granted - Patna High Court (Purnendu Singh, J.), by oral order dated 17-06-2026 in CR. MISC. No.38725 of 2026, allowed the anticipatory bail application of Harendra Raut arising out of Sahajitpur P.S. Case No. 50/2026 (District Saran), registered for offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act, wherein 50 litres of illicit liquor was alleged to have been recovered from the canal dam of village Bangalipatti. Finding the recovery to have been effected from an open space easily accessible by anyone, and noting the petitioner's clean antecedent, the court held he had prima facie made out a case for pre-arrest bail. Bail was directed in the event of arrest or surrender before the learned District Court within four weeks on a bail bond of Rs. 10,000/- with two sureties of the like amount each, subject to the conditions under Section 482(2) of the BNSS; the learned District Court was further directed to verify the petitioner's criminal antecedent, failing which - if involvement in other cases as stated in paragraph no.3 of the bail application is found - the order will automatically lose its force.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.38725 of 2026

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Arising Out of PS. Case No.-50 Year-2026 Thana- SAHAJITPUR District- Saran

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======================================================

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Harendra Raut S/O Ramayan Raut R/O Village- Bangalipatti, PS- Sahajitpur, district- Saran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate For the Opposite Party/s : Ms.Meena Singh, Advocate

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======================================================

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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

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2 17-06-2026

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Heard learned counsel appearing on behalf of the petitioner and learned APP for the State.

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The petitioner seeks pre-arrest bail in connection with Sahajitpur P.S. Case No. 50/2026 registered for the offence(s) punishable under Section 30(a) of the Bihar Prohibition and Excise Act.

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As per the allegation made in the FIR, 50 litres of illicit liquor was recovered from the canal dam of village Bangalipatti.

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Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Learned counsel further submitted that recovery of illicit liquor has been made from a canal dam which is an open space and is easily accessible by

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Patna High Court CR. MISC. No.38725 of 2026(2) dt.17-06-2026 2/3

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anyone. Petitioner has no concern either with the place of recovery or with the alleged sized liquor. Petitioner has clean antecedent.

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Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

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Having heard the rival submissions made on behalf of the parties and upon perusal of the allegations made in the FIR, coupled with the fact that the alleged recovery of illicit liquor was effected from a canal dam, which is an open space and easily accessible by anyone, I am of the opinion that petitioner, who is having a clean antecedent, has, prima facie, made out a case to be released on pre-arrest bail.

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The petitioner, 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 Sahajitpur P.S. Case No. 50/2026, subject to the conditions as laid down under Section 482(2) of the BNSS.

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The learned District Court is directed to verify the

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Patna High Court CR. MISC. No.38725 of 2026(2) dt.17-06-2026 3/3

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criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

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(Purnendu Singh, J)

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Sanjay/-

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U T

Harendra Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Harendra Raut v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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