Patna High Court
Bihans Bind @ Binans KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Excise Act — s. 30(a)
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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