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Patna High Court

Birbal BinversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to the conditions prescribed under Section 480(3) of the B.N.S.S. and additional bail conditions.

Summary

The petitioners, Jitendra Bin and Birbal Bin, were charged under Section 111(4) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act for allegedly selling illicit liquor. Police raided a hut, recovered 36 litres of country‑made liquor, and a juvenile co‑accused implicated the petitioners, who fled the scene and were later arrested. The petitioners argued that no liquor was recovered from them, they were not apprehended at the spot, and they have been in custody for an extended period, seeking bail. The State opposed the bail application. Considering the lack of direct recovery from the petitioners, their non‑apprehension at the raid, and the length of custody, the court granted bail with a bond of Rs.10,000 each, two sureties, and conditions under Section 480(3) of the B.N.S.S. and additional bail terms. The order disposed of the bail petitions, releasing the accused on the stipulated conditions.

Issues considered

  • Whether bail should be granted to the accused under Section 111(4) of the B.N.S. and Section 30(a) of the Bihar Prohibition and Excise Act despite the recovery of illicit liquor from a location not owned by them.
  • Whether the absence of direct recovery from the petitioners and their non‑apprehension at the raid justify bail.
  • Whether the period of custody of the petitioners warrants the grant of bail.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • excise
  • Section 111(4)
  • Section 30(a)
  • Bihar Prohibition and Excise Act
  • criminal procedure
  • custody
  • bail conditions

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No.37878 of 2026
                      Arising Out of PS. Case No.-216 Year-2026 Thana- BHORE District- Gopalganj
                 ======================================================
                 Jitendra Bin S/o Mangru Bin Resident of Village - Semra, P.S.- Bhore,
                 District - Gopalganj.

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                                                         with
                            CRIMINAL MISCELLANEOUS No. 37983 of 2026
                      Arising Out of PS. Case No.-216 Year-2026 Thana- BHORE District- Gopalganj
                 ======================================================
                 Birbal Bin Son of Mangru Bin Resident of Village- Semra, P.S.- Bhore,
                 District-Gopalganj

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 (In CRIMINAL MISCELLANEOUS No. 37878 of 2026)
                 For the Petitioner/s     : Mr.Dewanand Tiwari, Advocate
                 For the Opposite Party/s : Mr.Kalyan Shankar, APP
                 (In CRIMINAL MISCELLANEOUS No. 37983 of 2026)
                 For the Petitioner/s     : Mr.Dewanand Tiwari, Advocate
                 For the Opposite Party/s : Mr.Kalyan Shankar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
                                       ORAL ORDER

2   17-06-2026                  Since both the petitions arise out of Bhore P.S. Case

                   No. 216 of 2026 they are taken up together and are being

                   disposed of by this common order.

                               02. Heard learned counsel for the petitioners and

                   learned APP for the State.
Patna High Court CR. MISC. No.37878 of 2026(2) dt.17-06-2026
                                            2/4




                       03. In the present case, the petitioners seek bail in

          connection with Bhore P.S. Case No. 216 of 2026 registered for

          the alleged offences under Section 111(4) of B.N.S. and Section

          30(a) of Bihar Prohibition and Excise Act.

                       04. As per prosecution case, police received

          information about petitioners and other co-accused persons

          selling illicit liquor from their hut. A raid was conducted and

          juvenile co-accused was apprehended, who disclosed that the

          petitioners and co-accused Sikandar Bin have employed him for

          selling the liquor. On search of the place, recovery of 36 litres

          of country made liquor was made. The petitioners fled away

          while the raid was being conducted.

                       05. Learned counsel for the petitioners submits that

          the petitioners are innocent and have been falsely implicated in

          this case. Nothing incriminating has been recovered from the

          person or possession of the petitioners and they were not

          apprehended from the spot. The recovery has been made from

          the hut which did not belong to the petitioners. The petitioner

          Jitendra Bin is having antecedent of three cases and he is on bail

          in all the cases and petitioner Birbal Bin is having antecedent of

          seven cases. The petitioners are in custody since 09.05.2026 and

          23.04.2026, respectively.
Patna High Court CR. MISC. No.37878 of 2026(2) dt.17-06-2026
                                            3/4




                       06. Learned APP opposes the submission made on

          behalf of the petitioners.

                       07. Having regard to the facts and circumstances and

          submissions made on behalf of the parties and considering the

          fact that neither recovery has been shown from the petitioners

          nor they were apprehended from the spot and further

          considering the period of custody of the petitioners, the

          petitioners above named are directed to be released on bail on

          furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with

          two sureties of the like amount each to the satisfaction of

          District & Additional Sessions Judge-XIII cum Special Judge

          Excise-I, Gopalganj/concerned Court in connection with Bhore

          P.S. Case No. 216 of 2026, subject to the conditions mentioned

          in Section 480(3) of B.N.S.S. and also the following

          conditions :

                                          (i) One of the bailors will be a close

                                          relative of the petitioners.

                                          (ii) The petitioners will remain present

                                          on each and every date fixed by the

                                          court below.

                                          (iii) In case of absence on three

                                          consecutive dates or in violation of the
            Patna High Court CR. MISC. No.37878 of 2026(2) dt.17-06-2026
                                                        4/4




                                                      terms of the bail, the bail bond of the

                                                      petitioners will be liable to be

                                                      cancelled by the court concerned.



                                                (Arun Kumar Jha, J)

    DKS/-

U       T


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