Patna High Court
Arbind Bashfore @ Arbind BasforversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- R P MISHRA
Holding
The Court granted bail to the petitioner, finding no sufficient ground to deny release.
Summary
Arbind Bashfore was arrested in connection with the recovery of 59.655 litres of liquor from a hut in front of his house and charged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no possession of the liquor, had no prior criminal record, and that the recovery was from an open area accessible to anyone. The State opposed bail, arguing the seriousness of the offence. The Court noted the petitioner’s clean antecedent, lack of incriminating material in his possession, and the short period of custody, and observed non‑compliance with Section 103 of the BNSS, 2023. Accordingly, the Court granted bail on a bond of Rs.15,000 with two sureties.
Issues considered
- Whether bail should be granted to a person accused under Section 30(a) of the Bihar Prohibition and Excise Act in the absence of incriminating material and with a clean antecedent
- Whether the provisions of Section 103 of the BNSS, 2023, have been complied with in the bail application
Legislation cited
- BNSS, 2023 — s. 103
Subjects
- bail
- prohibition law
- excise
- liquor seizure
- Section 30(a)
- clean antecedent
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3545 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- RASULPUR District- Saran
======================================================
Arbind Bashfore @ Arbind Basfor S/O Chhote Lal Bashfore @ Chotelal
Basfor R/O Vill.- Yogiya, P.S- Rasulpur, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhirendra Kumar, Advocate
For the Opposite Party/s : Ms. Meena Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
MISHRA
ORAL ORDER
2 19-01-2026 Heard learned counsel for the petitioner and learned APP
for the State.
2. The petitioner seeks bail in connection with
Rasulpur PS Case No. 206 of 2025 instituted for the offences
under Section/s 30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case, in short, is that 59.655 liters
liquor was recovered from the hut situated in front of the house
of the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. No incriminating material has been recovered from
the conscious possession of the petitioner. The petitioner has got
no concern with the alleged recovery of liquor. It is submitted
Patna High Court CR. MISC. No.3545 of 2026(2) dt.19-01-2026
2/2
that recovery is from an open place, which is accessible to one
and all. The petitioner is in custody since 13.12.2025 and has
got no criminal antecedent/s. There is no compliance of Section
103 of the BNSS, 2023.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances
of the case, clean antecedent of the petitioner and the period of
custody undergone by the petitioner, this Court is inclined to
grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing
bail bonds of Rs.15,000/- (Fifteen thousand) with two sureties
of the like amount each to the satisfaction of Court
below/concerned Court in connection with Rasulpur PS Case
No. 206 of 2025.
(Rudra Prakash Mishra, J)
Raj Kishore/-
U T
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