Patna High Court
Vishal Bind @ Vishal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ALOK KUMAR SINHA
Holding
The Court granted anticipatory bail, holding that the lack of seizure from the petitioner’s possession and the defective memo justified bail with conditions.
Summary
The petitioner, Vishal Bind, sought anticipatory bail in connection with a 2018 case under Section 30(a) of the Bihar Prohibition & Excise Act, where police, acting on secret information, recovered 20 litres of illicit liquor but did not seize any liquor from the petitioner. The petitioner fled the scene and contended that he had no possession of the contraband and was falsely implicated. The State opposed the bail, arguing the seriousness of the offence. The Court noted that the seizure memo lacked signatures of two independent witnesses, casting doubt on the legality of the seizure, and that no material was recovered from the petitioner’s conscious possession. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000, two sureties, cooperation with the investigation, and verification of any criminal antecedent. The bail order was conditioned on compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted when the seizure memo is defective and no contraband was found in the petitioner’s possession
- Whether the procedural lapse in the search and seizure undermines the prosecution’s case
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition & Excise Act — s. 30(a)
Subjects
- anticipatory bail
- search and seizure
- procedural defect
- Bihar Prohibition & Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- bail conditions
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17614 of 2026
Arising Out of PS. Case No.-787 Year-2018 Thana- ARA NAGAR District- Bhojpur
======================================================
Vishal Bind @ Vishal Kumar Son of Gorakh Bind @ Gorakh Prasad Resident
of Village- Ujiar Tola, P.S.- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Praveen Kumar, Adv
Mr. Raju Kumar Singh, Adv
Ms. Drishti Mohan, Adv
For the State : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 25-03-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Ara Town P.S. Case No. 787 of 2018, registered for the
offence punishable under Section 30(a) of Bihar Prohibition &
Excise Act.
3. As per allegation, the police, on a secret
information, reached the place of occurrence and recovered 20
liters of country-made liquor from the spot. Seeing the police
party, the petitioner fled away.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. He has
falsely been implication in the present case. Nothing has been
Patna High Court CR. MISC. No.17614 of 2026(2) dt.25-03-2026
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recovered from his conscious physical possession.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that the petitioner was not
apprehended on the spot and further, no recovery has been made
from the conscious physical possession of the petitioner and
also taking into account that the search and seizure memo has
not been signed by two independent witnesses which puts a
question mark on the validity of the seizure itself, this Court is
inclined to grant privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Excise
Judge-1, Bhojpur at Ara in connection with Ara Town P.S. Case
No. 787 of 2018, subject to the conditions laid down under
section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023
and subject to the further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
Patna High Court CR. MISC. No.17614 of 2026(2) dt.25-03-2026
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criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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