Patna High Court
Jag Narayan Bind @ Jag Narayan BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner, holding that ownership alone does not warrant continued detention.
Summary
Jag Narayan Bind was arrested on 7 January 2026 in connection with a case involving the seizure of 27 litres of foreign liquor from his motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. The petitioner contended that he had a clean antecedent and that he was implicated only because he owned the motorcycle, which he had lent to a co‑villager who fled the scene. He argued that the FIR was false and fabricated. The State opposed bail. The Court, after considering the petitioner's clean record and the lack of direct participation, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding cooperation, presence, and non‑tampering with evidence. The bail order directed that verification of antecedents should not delay the release.
Issues considered
- Whether the petitioner is entitled to bail despite being the owner of the vehicle from which contraband was recovered
- Whether mere ownership of the motorcycle suffices to justify continued custody
- Whether the allegations in the FIR are false and the petitioner can be discharged on bail
Subjects
- bail
- prohibition law
- excise
- foreign liquor
- ownership
- criminal antecedent
- Section 30(a)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17776 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- Tilak Rai Ka Hata District- Buxar
======================================================
Jag Narayan Bind @ Jag Narayan Bin Son of Uma Kant Bin@ Umakant Bind
R/o Village - Chakani Khaira, P.S. - Simri, Dist. - Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dr.Kamal Deo Sharma, Advocate
For the Opposite Party/s : Mr.Kalyan Shankar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 17-03-2026 Heard Mr.Dr.Kamal Deo Sharma, learned counsel for
the petitioner and Mr.Kalyan Shankar, learned A.P.P. for the
State.
2. The petitioner seeks bail, who is in custody since
07.01.2026 in connection with Tilak Rai Ke Hata P.S. Case No.
101 of 2025, F.I.R. dated 20.11.2025 registered for the offence
punishable under Section 30(a) of Bihar Prohibition and Excise
Amendment Act, 2022.
3. Recovery is of 27 liters of foreign liquor.
4. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. It appears from
the FIR that the recovery has been made from the motorcycle in
question and petitioner has been made accused in the present
case merely on the ground that he is owner of the motorcycle in
Patna High Court CR. MISC. No.17776 of 2026(2) dt.17-03-2026
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question. As per FIR, the petitioner was fled away from the
place of occurrence. Learned counsel for the petitioner further
submits that the allegation as alleged in the FIR is false and
fabricated and the petitioner has not committed any offence as
alleged in the FIR. In fact the petitioner has given the
motorcycle in question to one co-villager who was escaped from
the place of occurrence and petitioner has been made accused in
the present case and the petitioner is in custody since
07.01.2026.
5. Learned APP for the State has opposed the prayer
for bail of the petitioner.
6. Considering the aforesaid fact, petitioner has clean
antecedent and petitioner has been made accused in the present
case merely on the ground that he is owner of the motorcycle in
question, let the petitioner, above named, 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 learned
Exclusive Special Judge, Excise Court No.-02, Buxar in
connection with Tilak Rai Ke Hata P.S. Case No. 101 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
Patna High Court CR. MISC. No.17776 of 2026(2) dt.17-03-2026
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and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, 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, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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