Patna High Court
Sandeep Bind @ Mandeep KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The Court ordered provisional anticipatory bail with conditions, pending verification of the petitioner’s antecedents.
Summary
The petitioner, Sandeep Bind, feared arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 120 litres of liquor from a sack. He argued that he has a clean antecedent, the liquor was not in his conscious possession, and the alleged recovery occurred on premises not belonging to him, with the informant’s identity omitted from the FIR. The State opposed his request for anticipatory bail. The Court, after considering the submissions, granted provisional anticipatory bail conditioned on the petitioner furnishing a bail bond of Rs.500 with two sureties and subject to verification of his criminal antecedents. If any antecedent is discovered, the bail will not be confirmed; otherwise, the provisional order will be confirmed. The order was made under Section 482(2) of the Bihar Prohibition and Excise Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act given the alleged facts.
- Whether the absence of possession and a clean antecedent justify the grant of anticipatory bail.
Subjects
- anticipatory bail
- bail
- Section 30
- Section 482
- Bihar Prohibition and Excise Act
- liquor seizure
- clean antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23214 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- ARA NAGAR District- Bhojpur
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Sandeep Bind @ Mandeep Kumar Son of Bechu Bin @ Prem Shankar Bin
Resident of Village - Bin tola, Ujiar Tola, P.S. - Ara Nagar, District - Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Kumar Singh
For the Opposite Party/s : Mr. Rajendra Prasad Nat
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 09-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Act.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and allegation is of
recovery of 120 litres of liquor from a sack. It is next submitted
that petitioner was not arrested from the spot as such nothing
was recovered from his conscious possession and even alleged
recovery is from a place which does not belong to the petitioner
and he came to be implicated at the instance of local person but
then the name of the person who disclosed the name of the
petitioner is not disclosed in the FIR which casts an aspersion
Patna High Court CR. MISC. No.23214 of 2026(2) dt.09-04-2026
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on the case of the prosecution, when petitioner has not been
implicated based on secret information and is a person with
clean antecedent.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, in the
event of his arrest or surrender within a period of six weeks
from today, be released on provisional anticipatory bail on
furnishing bail bonds of Rs.500/- (Rupees five hundred) with
two sureties of the like amount each to the satisfaction of the
learned trial court where the case is pending/successor court in
connection with Ara Town P.S. Case No.46/2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
6. It is made clear that the learned trial court thereafter
shall verify the criminal antecedents of the petitioner and in the
event if it is found that petitioner has antecedent of even one
case, in that event, it would be presumed that petitioner had
concealed his antecedent before this court, as such, the
provisional anticipatory bail order shall not be confirmed but if
on verification it is found that petitioner is a person with clean
antecedent, in that event the provisional anticipatory bail order
Patna High Court CR. MISC. No.23214 of 2026(2) dt.09-04-2026
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shall be confirmed forthwith.
(Satyavrat Verma, J)
amit/-
U T
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