Patna High Court
Binod Kumar @ Budhwa@ BhdhwaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The court granted bail to the petitioner.
Summary
The petitioner, Binod Kumar, was arrested in connection with the recovery of 112 litres of liquor from a public pit and charged under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, that no incriminating material was found in his possession, and that the secret information leading to his arrest was undisclosed and unreliable. The prosecution opposed bail, citing his two prior criminal antecedents and the seriousness of the offence, while noting that Section 103 of the B.N.S.S., 2023 had not been complied with. The court observed that the petitioner had been in custody since 14‑12‑2025 and that a co‑accused had already been granted anticipatory bail. Considering the lack of direct evidence, the procedural lapse, and the period of detention, the court decided to grant bail on a bond of Rs.15,000 with two sureties. The petitioner was ordered to be released on bail in the Bypass Police Station case No. 597 of 2025.
Issues considered
- Whether bail should be granted to the accused under Section 30(a) of the Bihar Prohibition and Excise Act considering the nature of the offence and the evidence.
- Whether the non‑compliance with Section 103 of the B.N.S.S., 2023 warrants bail.
- Whether the secret information forming the basis of the accusation is sufficient to deny bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S., 2023 — s. 103
Subjects
- bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- secret informant
- anticipatory bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12647 of 2026
Arising Out of PS. Case No.-597 Year-2025 Thana- BYPASS District- Patna
======================================================
Binod Kumar @ Budhwa@ Bhdhwa S/O Fekan Bind @ Fekan Beldar
Resident Of Village - Beldari Tola, P.S- Bypass, Dist.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Arvind Prasad Singh, Advocate
For the Opposite Party/s : Mr.Anand Kishore Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 25-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner seeks bail in Bypass P.S. case No.
597 of 2025 instituted for the offences under Section 30(a) of
the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 112 liters
liquor was recovered from jute bag in water filled pit.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered
from the conscious possession of the petitioner. The petitioner
has got no concern with the alleged recovery of liquor. The
name of the petitioner has transpired on the basis of secret
Patna High Court CR. MISC. No.12647 of 2026(2) dt.25-02-2026
2/2
information as per F.I.R. The source and genuineness of the
secret information has not been disclosed by the prosecution.
Recovery has been made from an open place accessible to
public at large. The petitioner is in custody since 14.12.2025
and has got two criminal antecedent. There is no compliance of
Section 103 of B.N.S.S., 2023. Co-accused has been granted
anticipatory bail by this Bench vide order dated 13.02.2026
passed in Cr. Misc. No. 10783 of 2026.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case and the period of custody undergone by the
petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Bypass P.S. case
No. 597 of 2025.
(Rudra Prakash Mishra, J)
Pankaj/-
U T
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