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Patna High Court

Binda Prasad @ PatashiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, given the petitioner’s lack of direct involvement, absence of incriminating material, clean record and the circumstances of his arrest, regular bail must be granted.

Summary

The petitioner, Binda Prasad, was implicated in a case (Siswan P.S. Case No. 45 of 2026) under section 30(a) of the Bihar Prohibition and Excise Act, 2016, where 100 litres of illicit country liquor was recovered. The prosecution alleged that the accused escaped and that the petitioner’s name appeared in statements of by‑standers, although no incriminating article was found on him and he was not arrested at the spot. The petitioner, who has been in custody since 6 May 2026 and has no prior criminal record, applied for regular bail, asserting false implication. The State opposed the bail, but the court considered the lack of direct evidence, the petitioner’s clean antecedent, and the circumstances of his detention. Accordingly, the court ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the Exclusive Special Excise Court‑2, Siwan.

Issues considered

  • Whether regular bail should be granted to the petitioner under the Bihar Prohibition and Excise Act, 2016 in view of the facts of the case

Legislation cited

Subjects

  • regular bail
  • prohibition and excise
  • illicit liquor
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40241 of 2026
                         Arising Out of PS. Case No.-45 Year-2026 Thana- SISWAN District- Siwan
                 ======================================================
                 Binda Prasad @ Patashi S/o Sudarshan Bind R/o Village - Bhagar, P.S -
                 Siswan, District - Siwan

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Priyanshu Kumar Singh
                 For the Opposite Party/s :        Mr.Md. Iftekhar Mahmood
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   01-07-2026                    1. Heard learned counsel for the parties.

                                   2. The petitioner has preferred this application for

                   grant of regular bail in connection with Siswan P.S. Case no. 45

                   of 2026 registered under section 30(a) of the Bihar Prohibition

                   and Excise Act, 2016.

                                3. As per the prosecution case, seeing the police

                   personnel, it is stated that the accused persons managed to

                   escape. On search, 100 litres of illicit country liquor was

                   recovered from the sack in question,

                                4. Learned counsel for the petitioner submits that no

                   incriminating article has been recovered from the petitioner's

                   possession nor was the petitioner arrested from the spot. The

                   petitioner was falsely implicated in the case on the statement of

                   the bystanders. The petitioner is in custody since 6.5.2026 and
          Patna High Court CR. MISC. No.40241 of 2026(2) dt.01-07-2026
                                                      2/2




                    has no criminal antecedent. He undertakes to cooperate in the

                    investigation/trial.

                                 5. The application for bail is opposed by learned APP

                    for the State.

                                 6. Having heard learned counsel for the parties and

                    taking into consideration the allegations against the petitioner in

                    the FIR, the petitioner not having been arrested on the spot, the

                    name of the petitioner having transpired in the statement of the

                    bystanders, the petitioner having remained in custody since

                    6.5.2026 and not having any criminal antecedent, the Court

                    directs the petitioner to be enlarged on bail in connection with

                    Siswan P.S. Case no. 45 of 2026 on furnishing bail bond of

                    Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                    amount each to the satisfaction of the learned Exclusive Special

                    Excise Court-2, Siwan.



                                                (Partha Sarthy, J)
Bibhash/Amit

U     T


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