Patna High Court
Ajay BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
Bail was granted to the petitioner on a bond of Rs. 10,000 with conditions, as the court found his clean antecedent and limited involvement sufficient to justify release.
Summary
The petitioner, Ajay Bind, was arrested after a vehicle carrying 567 litres of illicit liquor was intercepted; he was alleged to have been a passenger and not involved in the contraband. He claimed innocence, stating he had no knowledge of the liquor and was implicated only on suspicion, and he had a clean antecedent. The State opposed bail, citing the seriousness of the offences under the Bihar Prohibition & Excise Act, 2016. The court considered the nature of the allegations, the petitioner’s clean record, and the length of his custody since 3 March 2026. Weighing these factors, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 480(3) of the BNSS and additional personal surety and attendance requirements. The bail order effectively released the petitioner pending trial.
Issues considered
- What is the appropriateness of granting bail to the accused under the Bihar Prohibition & Excise Act, 2016 given the nature of the alleged offences?
- Whether the petitioner’s clean antecedent and the circumstances of his alleged involvement justify bail despite the seriousness of the contraband seizure?
Legislation cited
- BNSS — s. 480(3)
Subjects
- bail
- prohibition
- excise
- illicit liquor
- criminal procedure
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25679 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Ajay Bind Son of Jagdish Bind R/O Sahbajpur, P.S.- Chand, District- Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saumya, Advocate
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 17-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner seeks bail in
connection with Prohibition & Excise Kaimur P.S. Case No. 120
of 2026 registered for the alleged offences under Section 30(a),
32(i)(ii), 41(i)(ii) of the Bihar Prohibition & Excise Act, 2016.
03. As per prosecution case, after receiving
information about transportation of illicit liquor in a Bolero
vehicle, checking of vehicles was started and when the
identified vehicle approached the checking point, two persons
tried to run away with their vehicle. One of them was
apprehended and the other co-accused escaped. On search of the
vehicle, recovery of 567 liters of illicit country made liquor was
made.
Patna High Court CR. MISC. No.25679 of 2026(2) dt.17-04-2026
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04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this
case and he has no concern with the seized liquor or the illicit
liquor. The petitioner has been sitting in the vehicle and except
for that, he has no other involvement in the whole matter. The
petitioner has been roped in the present case only on suspicion.
The petitioner is having clean antecedent and is in custody since
03.03.2026.
05. Learned APP for the State opposes the submission
made on behalf of the petitioner.
06. Having regard to the facts and circumstances and
submissions made on behalf of the parties and considering the
nature of allegation and further considering the period of
custody of the petitioner and his clean antecedent, the petitioner
above named is directed to be released on bail on furnishing bail
bonds of Rs. 10,000/- (ten thousand) with two sureties of the
like amount each to the satisfaction of learned Exclusive Special
Judge Excise, Kaimur at Bhabhua in connection with
Prohibition & Excise Kaimur P.S. Case No. 120 of 2026, subject
to the conditions mentioned in Section 480(3) of BNSS and the
following conditions:
(i) One of the bailors will be a close relative of
Patna High Court CR. MISC. No.25679 of 2026(2) dt.17-04-2026
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the petitioner.
(ii) The petitioner will remain present on each and
every date fixed by the court below.
(iii) In case of absence on three consecutive dates
or in violation of the terms of the bail, the bail
bond of the petitioner will be liable to be
cancelled by the court concerned.
(Arun Kumar Jha, J)
Ashish/-
U T
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