Azad Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30277 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- MANSI District- Khagaria ====================================================== Azad Kumar, Son of Gulo Yadav, R/O Village- Khutiya, PS - Mansi, Dist.- Khagaria, Bihar.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mrs. Seema Kumari, Advocate For the Opposite Party/s :

Mr. Syed Mojibur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 13-05-2026 Heard Mrs. Seema Kumari, learned counsel appearing on behalf of the petitioner and Mr. Syed Mojibur Rahman, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Mansi P.S. Case No. 55 of 2026 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 18 litres of illicit liquor from near the Varanda of the house of one co-accused Ankit Kumar.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner has been falsely implicated in the present case. Petitioner has no concern with the alleged seized liquor nor he is involved in trade or consumption of illicit

Patna High Court CR. MISC. No.30277 of 2026(2) dt.13-05-2026 2/3 liquor in any manner. The recovery was made from near the Varanda of the house of one co-accused Ankit Kumar, which is an open place and easily accessible to anyone. 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 the recovery of 18 litres of illicit liquor was made from near the Varanda of the house of one co-accused Ankit Kumar, which is an open place and easily accessible to any one 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 Mansi P.S. Case No. 55 of 2026, 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.30277 of 2026(2) dt.13-05-2026 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