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Patna High Court

Bihans Bind @ Binans KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court granted provisional anticipatory bail subject to verification of the petitioner’s antecedent and compliance with Section 438(2) Cr.P.C.

Summary

The petitioner, Bihans Bind, applied for anticipatory bail anticipating arrest in a case under Section 30(a) of the Excise Act for alleged recovery of 15.375 litres of liquor from a public area. He asserted a clean criminal record and argued that the alleged liquor was not in his possession and the location did not belong to him. The State opposed the bail. The Court, after considering the submissions, directed that the petitioner be released on provisional anticipatory bail upon furnishing a bail bond of Rs.500 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. The trial court was instructed to verify the petitioner’s antecedent; if any prior case is found, the provisional bail would not be confirmed, otherwise it would be confirmed. The application for anticipatory bail was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 Cr.P.C.
  • Whether the alleged recovery of liquor constitutes an offence under Section 30(a) of the Excise Act.
  • Whether the petitioner’s clean antecedent warrants grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Excise Act
  • clean antecedent
  • provisional bail
  • liquor recovery

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28897 of 2026
                       Arising Out of PS. Case No.-111 Year-2026 Thana- Excise P.S. District- Rohtas
                 ======================================================
                 Bihans Bind @ Binans Kumar S/O Bind Bihari Bind @ Band Bihari Bind
                 Sikariya PS Darigaon District Rohtas

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Vinay Kumar Singh
                 For the Opposite Party/s :         Dr. Indiwar Kumari
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-04-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of his

                   arrest in a case registered for the offences punishable under

                   Section 30(a) of the Excise Act.

                                3. The learned counsel for the petitioner submits that

                   the petitioner is a person with clean antecedent and allegation is

                   of recovery of 15.375 litres of liquor from a bush near

                   Bharkudua hill.

                                4. The learned counsel for the petitioner submits 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 public at large and he came to be implicated
Patna High Court CR. MISC. No.28897 of 2026(2) dt.30-04-2026
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          based on secret information, which is the easiest way to

          implicate someone without holding a proper investigation, when

          admittedly petitioner is a person with clean antecedent.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the learned

          counsel for the petitioner, the petitioner, above-named, in the

          event of his arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on his furnishing bail-bonds in the

          sum 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

          Sasaram Excise Case No.650 of 2026, FIR No.111 of 2026,

          subject to the conditions laid down under Section 438(2) of the

          Cr.P.C.

                       7. The application stands allowed.

                       8. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioner shall verify

          the criminal antecedent of the petitioner and in the event, if it is

          found that petitioner has antecedent of even one case, then it

          would be presumed that petitioner for the purposes of obtaining
               Patna High Court CR. MISC. No.28897 of 2026(2) dt.30-04-2026
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                         anticipatory bail had concealed his antecedent before this Court,

                         in that event, the present 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 shall be confirmed forthwith.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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