Patna High Court
Durga Bind @ Durga BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted bail to the petitioner, directing him to furnish a bail bond of Rs.5,000 with two sureties.
Summary
The petitioner, Durga Bind, was arrested in connection with the alleged recovery of 120 litres of liquor from a public area behind a school, under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that the liquor was not found in his possession, the location did not belong to him, and the informant’s name was omitted from the FIR, casting doubt on the prosecution’s case. He also highlighted his prior criminal antecedents and asserted that he would not abscond if released on bail. The State opposed the bail, but the court, after considering the submissions, ordered his release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount. The bail order was directed to be complied with by the trial court handling the case. The petitioner has been in custody since 25 March 2026.
Issues considered
- Whether bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the circumstances of the alleged offence justify denial of bail.
Subjects
- bail
- excise
- prohibition
- Section 30(a)
- Bihar Prohibition and Excise Act
- criminal procedure
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28568 of 2026
Arising Out of PS. Case No.-46 Year-2026 Thana- ARA NAGAR District- Bhojpur
======================================================
Durga Bind @ Durga Bin S/o- Lala Bind @ Basawan Resident of Village-
Bind Toli Ujiar tola, P.S- Ara Town, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh
For the Opposite Party/s : Ms. Pushpa Sinha.1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 24-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks bail 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 has antecedent of two cases and allegation is of
recovery of 120 litres of liquor from Ujiyar Tola behind Middle
school. 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 is accessible to villagers at
large and he came to be implicated at the instance of local
person but then the name of the person who disclosed the name
Patna High Court CR. MISC. No.28568 of 2026(2) dt.24-04-2026
2/2
of the petitioner is not disclosed in the FIR which casts an
aspersion on the case of the prosecution. It is next submitted that
of late police has started implicating accused having criminal
antecedent in cases relating to excise for obvious reason. It is
next submitted that petitioner is in custody since 25.03.2026. It
is also submitted that if privilege of bail is granted to the
petitioner, the petitioner will not abscond rather will cooperate
in the trial to prove his innocence.
4. Learned A.P.P. opposes the prayer for bail of the
petitioner.
5. Considering the submissions made by the learned
counsel for the petitioner, the petitioner above-named, is
directed to be released on bail on furnishing bail bonds of
Rs.5000/- (Rupees five thousand) 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
Nagar P.S. Case No.46/2026.
(Satyavrat Verma, J)
amit/-
U T
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