Patna High Court
Baso Bind @ Basant KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was denied because the recovery of illicit liquor from the petitioner's house attracted the provisions of the Bihar Prohibition and Excise Act.
Summary
The petitioner, Baso Bind, sought anticipatory bail after police alleged he was involved in selling illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution claimed secret information led to a raid at the petitioner's house, where 12 litres of country-made chulai liquor were recovered, and a fleeing individual was identified as the petitioner. The petitioner argued he was innocent, that the liquor was recovered from a joint house and he was not apprehended on the spot, and cited a prior similar case. The State opposed the bail, emphasizing that the recovery from the petitioner's residence invoked the statutory provisions. Justice Arun Kumar Jha held that the circumstances did not merit anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from the petitioner's residence under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- Section 30(a)
- joint house
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30236 of 2026
Arising Out of PS. Case No.-13 Year-2026 Thana- DANDARI District- Begusarai
======================================================
Baso Bind @ Basant Kumar S/O Late Shivjee Bind R/O Village - Balha, P.S-
Dandari, Dist.- Begusarai
... ... Petitioner/s
Versus
The State of Bihar P
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar Sinha, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. In the present case, the petitioner is
apprehending his arrest in connection with Dandari P.S. Case
No. 13 of 2026 registered for the offences under Section 30(a)
of Bihar Prohibition and Excise Act.
3. As per prosecution case, police received secret
information that the petitioner has been selling illicit liquor from
the verandah of his house. A raid was conducted and a person
fled away from the spot and the Mahal Chaukidar named the
escaped person as this petitioner. From the search of the house
of the petitioner, recovery of 12 litres of country made chulai
liquor was made.
Patna High Court CR. MISC. No.30236 of 2026(2) dt.08-05-2026
2/2
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner as the recovery has been shown
from a house which is a joint house. The petitioner has not been
apprehended from the spot and for recovery from the joint
house, the petitioner cannot be made liable for the said recovery.
The seizure list witnesses are police personnel. The petitioner is
having antecedent of one case of similar nature.
5. Learned APP opposes the submission made on
behalf of the petitioner. Learned APP submits that the
recovery of illicit liquor has been made from the house of the
petitioner.
6. Having regard to the fact that the recovery has been
shown from the house of the petitioner thereby attracting the
provision under Bihar Prohibition and Excise Act, I do not think
it is a fit case for grant of anticipatory bail and hence, the prayer
for anticipatory bail of the petitioner is rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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