Chandeshwar Rai v. The State Of Bihar
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, DistrictBegusarai ... ... 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 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 prearrest 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