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Patna High Court

Jag Narayan Bind @ Jag Narayan BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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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