Patna High Court
Kail BindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail should be granted to the petitioner subject to a bond and sureties under the applicable provisions.
Summary
Petitioner Kail Bind sought bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, where 10 litres of country-made liquor was recovered from a straw house near his residence. He asserted that no incriminating material was found in his possession, he had a clean antecedent, and the recovery site was accessible to the public, indicating no direct connection to him. The State opposed the bail application. The Court, considering the lack of evidence linking the petitioner to the contraband and his clean record, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties of equal amount, subject to conditions under Section 482(2) of the BNSS 2023. The bail order was directed to be satisfied by the Special Excise Judge, Jehanabad.
Issues considered
- Whether the petitioner is entitled to bail in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act given the absence of incriminating material and his clean antecedent.
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a)
- BNSS, 2023 — s. 482(2)
Subjects
- bail
- prohibition law
- excise
- clean antecedent
- Section 30(a)
- Bihar
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40333 of 2026
Arising Out of PS. Case No.-127 Year-2026 Thana- SAKURABAD District- Jehanabad
======================================================
Kail Bind S/O Late Teni Bind R/O Village - Suryadev Nagar, P.S- Sakurabad,
Dist.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar , Advocate
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Section 30 (a) of Bihar Prohibition
and Excise Amendment Act .
3 . It is alleged that 10 liters of country made liquor
was recovered from straw house about 50 meter away from
house of this petitioner.
4. It is submitted that petitioner is innocent and has
falsely been implicated in this case. Recovery has been made
from straw house which is accessible to one and all. No
incriminating material has been recovered from the conscious
possession of the petitioner and he is no way connected with the
aforesaid recovery. Petitioner claims clean antecedent.
Patna High Court CR. MISC. No.40333 of 2026(2) dt.29-06-2026
2/2
5 . Learned counsel for the State opposes the bail
petition .
6. Considering the aforesaid facts, clean antecedent of
petitioner and other circumstances of case , in the event of
arrest/surrender within eight weeks from today, 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 Special excise
Judge – I, Jehanabad in conenction with Shakurabad PS Case
No. 127 of 2026 , subject to the conditions laid down under
section 482 ( 2 ) of BNSS 2023 .
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.