Patna High Court
Bindekh Ray @ Bindesh RayversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- RAJIV ROY
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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