Patna High Court
Raj Kumar BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail is granted to the petitioner subject to a bond of Rs 10,000, two sureties and the conditions imposed by the Court.
Summary
The petitioner, Raj Kumar Bind, was arrested on 31 March 2026 in connection with a case alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act, 2018, after 30 litres of country‑made liquor were seized from a scooty he owned. He argued that he had no conscious possession of the liquor and was implicated merely as the vehicle’s owner, pointing out that co‑accused had already been granted bail. The State opposed bail, contending that the petitioner was apprehended together with the illicit liquor. The Court considered the petitioner’s clean antecedent, the facts of the seizure, and the earlier bail orders, and decided to grant bail on a bond of Rs 10,000 with two sureties and specific conditions. The order also directed the lower court to verify the petitioner’s criminal antecedent but not to delay the acceptance of bail.
Issues considered
- Whether the petitioner is entitled to bail for an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether ownership of the vehicle from which liquor was seized suffices to justify continued detention.
- Whether the prior grant of bail to co‑accused influences the bail decision.
Legislation cited
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
Subjects
- bail
- Bihar Prohibition and Excise Act
- illicit liquor
- possession
- criminal antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37295 of 2026
Arising Out of PS. Case No.-176 Year-2026 Thana- MANJHI District- Saran
======================================================
Raj Kumar Bind S/O Bhola Bind @ Bhola Bin R/O Village- Bintoliya
Sonbarsa ke tola, P.S- Manjhi, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandra Mohan Jha, Advocate
For the Opposite Party/s : Ms. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 25-06-2026 Heard Mr. Chandra Mohan Jha, learned counsel for
the petitioner and Ms. Shaheen Begum, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
31.03.2026 in connection with Manjhi P.S. Case No. 176 of
2026, F.I.R. dated 30.03.2026 for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
3. Recovery is of 30 liters of country made made
liquor.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. He further submits that it appears
from the F.I.R. as well as seizure list that nothing has been
recovered from the conscious possession of the petitioner rather
Patna High Court CR. MISC. No.37295 of 2026(2) dt.25-06-2026
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the recovery has been made from scooty in question and the
petitioner has been made accused merely on the basis that he is
the owner of the scooty in question and similarly situated co-
accused persons, namely, Dahsrath Yadav @ Dasarath Yadav
and Sanjay Yadav has been granted the privilege of bail by this
Court vide order dated 28.04.2026 in Cr. Misc. No. 28760 of
2026. The petitioner is in custody since 31.03.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner and
submits that petitioner was apprehended along with the illicit
liquor.
6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned 2 nd
Exclusive Special Excise Judge, Court Saran at Chapra in
connection with Manjhi P.S. Case No. 176 of 2026, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
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reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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