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Patna High Court

Bhutun Bind @ Bhutun Bindu @ Bhutun KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner.

Summary

The petitioner, Bhutun Bind, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 75 litres of illicit liquor recovered from Panari Ghat. The co‑accused, Ramakant Prasad, identified the petitioner and another co‑accused as having fled the scene, but no liquor was found in the petitioner's possession and there was no other material evidence against him. The petitioner pleaded innocence, asserted that he was falsely implicated, and highlighted his clean criminal record. The State opposed bail, while the petitioner’s counsel sought release on bail. Considering the lack of direct evidence, the petitioner’s clean antecedent, and the circumstances, the Court ordered bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

  • Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act in view of the absence of material evidence and his clean antecedent.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • prohibition act
  • criminal procedure
  • clean antecedent
  • co‑accused statement

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26085 of 2026
                       Arising Out of PS. Case No.-522 Year-2025 Thana- CHENARI District- Rohtas
                 ======================================================
                 Bhutun Bind @ Bhutun Bindu @ Bhutun Kumar Son of Badan Bind @ Ram
                 Badan Bind Resident of Village- Magajpura P.S.- Chenari, District- Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Babu Nandan Prasad, Advocate
                 For the Opposite Party/s :       Mr. Khurshid Anwar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   22-04-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                      2. The petitioner apprehends arrest in a case

                   registered under Section 30(a) of Bihar Prohibition and Excise

                   Act.

                                     3. As per prosecution case, 75 liters illicit liquor,

                   kept in sacks, was recovered from Panari (Panihari) Ghat.

                   Apprehended co-accused Ramakant Prasad disclosed the name

                   of the petitioner and co-accused Jagan Bind that they fled away

                   from the spot.

                                      4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case due to ulterior motive.

                   Further submission is that petitioner has no concern with the
            Patna High Court CR. MISC. No.26085 of 2026(2) dt.22-04-2026
                                                        2/2




                      seized liquor. Nothing has been recovered from the conscious

                      possession of the petitioner. Except the disclosure statement of

                      co-accused, there is nothing material against the petitioner.

                      Petitioner has got no criminal antecedent and he undertakes to

                      cooperate in the investigation and trial.

                                   5. Learned A.P.P. for the State opposed the prayer for

                      bail.

                                   6. Considering the aforesaid facts and circumstances

                      of the case, submissions of learned counsel for the parties and

                      clean antecedent of the petitioner, let the above named petitioner

                      be released on bail, in the event of arrest or surrender before the

                      Court concerned within a period of six 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 Judge, Court No. 1, Rohtas at

                      Sasaram, in connection with Chenari P.S. Case No. 522 of 2025,

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

                      the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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