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Patna High Court

Binod SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner.

Summary

The petitioner, Binod Singh, feared arrest in an excise case (Case No. 375 of 2021) under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2018, where officials recovered 10 litres of country‑made liquor from an open area near his poultry farm. The petitioner argued that the liquor was not seized from his premises and that he has no prior criminal record. The court examined the secret tip that led to the recovery and noted the absence of any direct link to the petitioner’s property. Considering the lack of antecedents and that the seized liquor was not on his premises, the court inclined to grant anticipatory bail. Accordingly, the petitioner was ordered to furnish a bail bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 CrPC given the circumstances of the excise case.
  • Whether the recovery of liquor from an open space, not directly from the petitioner’s premises, negates the basis for arrest.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • illegal liquor
  • secret information
  • no criminal antecedent
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18066 of 2026
                   Arising Out of PS. Case No.-375 Year-2021 Thana- GOVERNMENT OFFICIAL COMP.
                                                     District- Bhojpur
                 ======================================================
                 Binod Singh S/o Bhagwan Singh Resident of Village- Anharibag, Police
                 Station- Tiyar, Distt.- Bhojpur

                                                                             ... ... Petitioner/s
                                                    Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Ashok Kumar Singh
                 For the Opposite Party/s :    Mr.Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026        1. Heard the parties.

                       2. The petitioner apprehends his arrest in connection with

                   Excise Arrah P.S. Case No. 375 of 2021 dated 22.08.2021

                   registered under Section 30 (a) of the Bihar Prohibition &

                   Excise (Amendment) Act 2018.

                       3. As per the first information report Excise Officials got

                   secret information that near the poultry farm of the petitioner,

                   illegal wine has been kept. The Excise Officials reached the

                   place of occurrence and recovered 10 liters of country made

                   liquor beside the poultry farm of the petitioner kept under the

                   bricks.

                       4. Learned counsel for the petitioner submits that petitioner is

                   having no criminal antecedent and he has been made accused on
               Patna High Court CR. MISC. No.18066 of 2026(2) dt.08-04-2026
                                                           2/2




                         the basis of secret information. Country made liquor has not

                         been recovered from the premises belonging to the petitioner

                         but has been recovered from an open space accessible to all and

                         sundry.

                             5. Regard being had to the submission made by the parties,

                         taking into consideration the fact that liquor has not been

                         recovered from the premises owned by the petitioner and the

                         petitioner is having no criminal antecedent , accordingly, I am

                         inclined to grant anticipatory bail to the petitioner.

                             6. Let the petitioner, above named, be released on

                         anticipatory bail in the event of arrest or surrender before the

                         court below 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

                         learned Exclusive Special Excise Court No. 2nd, Bhojpur, Arrah

                         in connection with Excise Arrah P.S. Case No. 375 of 2021

                         subject to the condition as laid down under Section 482 (2) of

                         the B.N.S.S.



                                                  (Anil Kumar Sinha, J)
praful/-

U          T


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