Patna High Court
Bindi Kewat @ Bindi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNSS, 2023.
Summary
The petitioner, Bindi Kewat, feared arrest in a case (PS Case No. 79 of 2026) alleging possession of 29 litres of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The prosecution claimed recovery of the liquor, while the petitioner asserted innocence, stating no arrest or seizure occurred and that his name was linked to the case through secret information, with a clean criminal record. The State opposed the bail application. The court considered the facts and, invoking Section 2(1)(d) of the BNSS, 2023 and the conditions of Section 482(2) of the same Act, granted anticipatory bail for a period of four weeks, subject to a bail bond of Rs.30,000. The order directs the bail bond to be filed with the District & Additional Sessions Judge, 5th cum Special Judge, Excise‑1, Biharsharif, Nalanda. The decision reflects the court's discretion to prevent unwarranted arrest where the evidence is not compelling.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the circumstances justify bail under the provisions of the BNSS, 2023.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- BNSS, 2023 — s. 2(1)(d), 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- BNSS 2023
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22619 of 2026
Arising Out of PS. Case No.-79 Year-2026 Thana- DEEPNAGAR District- Nalanda
======================================================
Bindi Kewat @ Bindi Kumar S/o Sunil Kewat R/o - Chakrasalpur, P.S -
Deepnagar, District - Nalanda
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amresh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 16-04-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner is apprehending arrest in connection
with Deepnagar P.S. Case No. 79 of 2026, dated 08.02.2026,
lodged under Section 30(a) of the Bihar Prohibition and Excise
(Amendment) Act, 2022.
3. As per the prosecution, total recovery of 29 litres of
illicit liquor has been made, which is the subject matter of the
present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
further submits that the petitioner was neither arrested from the
spot nor was anything illicit recovered from his possession.
Counsel further submits that the petitioner’s name has figured in
Patna High Court CR. MISC. No.22619 of 2026(2) dt.16-04-2026
2/2
this case by virtue of secret information. Counsel also submits
that the criminal antecedent of the petitioner is clean.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the BNSS, 2023 to the
satisfaction of District & Additional Sessions Judge, 5 th cum
Special Judge, Excise-1, Biharsharif, Nalanda, in connection
with Deepnagar P.S. Case No. 79 of 2026, subject to the
conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.