Patna High Court
Birbal BinversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 111(4)
- B.N.S.S. — s. 480(3)
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
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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
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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/-
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