Patna High Court

Binda LalversusThe State of Bihar

Decided: 29 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

Anticipatory bail was granted because the petitioner was not named in the FIR, had no antecedent under the Act, and was implicated only due to vehicle ownership, subject to conditions.

Summary

The petitioner, Binda Lal, applied for anticipatory bail fearing arrest in a case under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 157 litres of country liquor were seized. The FIR named two accused, but not the petitioner, who is only the registered owner of the seized vehicle. He asserted no criminal antecedent and no connection with the liquor. The court noted that the petitioner was not among the accused, had no prior record under the Act, and was implicated solely due to vehicle ownership. Accordingly, the court granted anticipatory bail on a bond of Rs.10,000 with two sureties, subject to conditions of cooperation and possible cancellation if an antecedent emerges. The order directs the petitioner to surrender within four weeks to obtain bail.

Issues considered

Whether anticipatory bail should be granted to a person not named in the FIR but implicated solely as the registered owner of a seized vehicle under the Bihar Prohibition and Excise Act, 2016.

Legislation cited

Bihar Prohibition and Excise Act, 2016 — s. 30(a)

Subjects

anticipatory bail
Bihar Prohibition and Excise Act
section 30(a)
seizure of liquor
vehicle ownership
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27572 of 2026
                      Arising Out of PS. Case No.-129 Year-2026 Thana- MALSALAMI District- Patna
                 ======================================================
                 Binda Lal Son of Tejan Ray R/o Village - Rikabganj, Simli, Murarpur, P.S.-
                 Malsalami, District - Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :       Mr. Ram Sumiran Rai, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   29-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioner has preferred this application for

                   grant of anticipatory bail apprehending his arrest in connection

                   with Malsalami P.S. Case no. 129 of 2026 registered under

                   section 30(a) of the Bihar Prohibition and Excise Act, 2016.

                                3. As per the prosecution case, 157 litres of country

                   liquor was recovered while one of the accused managed to

                   escape, one another was caught. The person who was caught

                   disclosed the name of the person who had managed to escape as

                   Amit Kumar.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is not named in the FIR. He has been falsely

                   implicated in the case for the reason that he happens to be the

                   registered owner of the vehicle/motorcycle which was seized at
Patna High Court CR. MISC. No.27572 of 2026(2) dt.29-04-2026
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          the place of occurrence. The petitioner has no criminal

          antecedent nor any connection with the seized liquor. He

          undertakes to cooperate in the investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the F.I.R., the

          petitioner not being amongst the two accused persons named in

          the FIR but having been implicated only for the reason that he

          happens to be the registered owner of one of the vehicles in

          question and specially his not having any criminal antecedent

          under the Bihar Prohibition and Excise Act, 2016, it is directed

          that the petitioner above named, in the event of his arrest or

          surrender before the learned Court below within a period of four

          weeks, be released on anticipatory bail in connection with

          Malsalami P.S. Case no. 129 of 2026 on furnishing bail bond of

          Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

          amount each to the satisfaction of the learned Exclusive Special

          Court of Excise, Patna City, Patna on the following conditions:

                       (i) In case it subsequently transpires that the petitioner

          has an antecedent under the Bihar Prohibition and Excise Act,

          2016, the prosecution will be at liberty to move this Court for
           Patna High Court CR. MISC. No.27572 of 2026(2) dt.29-04-2026
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                     cancellation of bail of the petitioner.

                                  (ii) The petitioner shall cooperate in the investigation/

                     trial.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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