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Patna High Court

Bindekh Ray @ Bindesh RayversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s criminal antecedents and the nature of the alleged offence did not warrant its grant.

Summary

The petitioner, Bindekh Ray, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged seizure of 1,144.44 liters of English wine. The prosecution’s informant claimed the seizure was made near a pond and identified the petitioner, leading to an FIR. The petitioner argued innocence, contending the seizure occurred near a bush, but the State highlighted his seven prior criminal convictions, some similar in nature. The court examined whether the petitioner’s antecedents and the seriousness of the alleged offence justified denial of anticipatory bail. Concluding that the petitioner’s criminal history and the nature of the offence did not satisfy the criteria for anticipatory bail, the court rejected the application.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • seizure of alcohol
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29371 of 2026
                        Arising Out of PS. Case No.-8 Year-2026 Thana- TISIAUTA District- Vaishali
                 ======================================================
                 Bindekh Ray @ Bindesh Ray S/o Harendra Rai @ Harindra Ray Resident of
                 Village - Lakshmi Narayanpur/ Paur Malshah Mohammadpur, Paur, P.S-
                 Tisiauta, District - Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Sunil Kumar Singh, Advocate
                 For the State            :        Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   18-05-2026                     Heard Mr. Sunil Kumar Singh, learned counsel for

                   the petitioner and Mr. Jitendra Kumar Singh, learned APP

                   representing the State through virtual mode.

                                 2. The petitioner is apprehending his arrest in

                   connection with Tisiauta P.S. Case No. 08 of 2026 registered for

                   the offence punishable under Sections 30(a) of the Bihar

                   Prohibition and Excise Act, lodged on 09.01.2026 by the

                   informant Fahimullah Khan.

                                 3. As per the prosecution story, the informant alleged

                   that during the evening patrolling, on secret information, the

                   place near pond was raided and there is recovery/seizure of

                   1144.440 liters English Wine. The locals gave the name of the

                   petitioner. This led to the F.I.R.
            Patna High Court CR. MISC. No.29371 of 2026(2) dt.18-05-2026
                                                        2/2




                                   4. Though learned counsel for the petitioner tried to

                      impress upon this Court the innocence submitting that the

                      recovery/seizure is near the bush, learned APP has taken this

                      Court to paragraph no.3 to show the he has seven criminal

                      antecedents, some of them are of same nature.

                                   5. Taking into account the aforesaid facts as also his

                      criminal antecedent, no case of anticipatory bail is made out.

                                   6. The anticipatory bail application stands rejected.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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