Patna High Court
Binod RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the petition for regular bail, imposing specific conditions and a cash bond.
Summary
The petitioner, Binod Rai, was arrested in connection with the recovery of 129.600 litres of illicit liquor and charged under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act, 2022. He applied for regular bail, asserting his innocence, clean antecedents, and offering to donate Rs. 25,000 to a charitable organization without admitting guilt. The State opposed the bail. The Court, after considering the circumstances, granted regular bail subject to a cash bond of Rs. 10,000 with two sureties and several conditions, including the charitable donation, monthly attendance at the police station, and verification of antecedents, all under Section 482(2) of the B.N.S.S. The order emphasized that its observations were prima facie and not to influence the trial. Consequently, the petitioner was released on bail with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the alleged offence under the Bihar Prohibition and Excise Act.
- Whether the conditions imposed by the Court, including the charitable donation and monthly police attendance, are permissible under Section 482(2) of the B.N.S.S.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a), 41(1)
- B.N.S.S. — s. 482(2)
Subjects
- regular bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 482
- criminal procedure
- bail conditions
- charitable donation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40694 of 2026
Arising Out of PS. Case No.-141 Year-2026 Thana- DUMARIAGHAT District- East
Champaran
======================================================
Binod Rai S/o- Bilash Rai @ Vilash Ray Resident of Village- Nirpur Patiyarsa
(Nirpur Patiyasa) PS- Ahiyapur District- Muzaffrpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Nitu Kumari, Adv.
For the Opposite Party/s : Mr. Syed Mojibur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner seeks regular bail in connection with
Dumariaghat (Dumariyaghat) P.S. Case No. 141 of 2026,
registered for the offences punishable under Sections 30(a) &
41(1) of the Bihar Prohibition and Excise Act, 2022.
3. As per the prosecution case, there is recovery of
129.600 litres of illicit liquor from the petitioner.
4. Learned counsel for the petitioner submits that the
petitioner is quite innocent and has committed no offence. The
petitioner is in custody since 06.05.2026 and claims clean
antecedent. The petitioner undertakes to donate a sum of Rs.
25,000/- (Rupees Twenty-Five Thousand Only) to a charitable
Patna High Court CR. MISC. No.40694 of 2026(2) dt.24-06-2026
2/3
organization, without prejudice to his defence and without
admitting guilt.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
7. Accordingly, the petitioner is directed to be released
on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten
Thousand Only) with two sureties of the like amount each to the
satisfaction of the learned Court concerned where the case is
pending/successor court in connection with Dumariaghat
(Dumariyaghat) P.S. Case No. 141 of 2026, subject to the
conditions as laid down under Section 482(2) of the B.N.S.S.
with further conditions that:-
(i) The petitioner shall
deposit a sum of Rs. 25,000/- (Rupees
Twenty-Five Thousand Only) with
Ramakrishna Mission Sevashrama,
Swami Vivekananda Path, Bela,
Muzaffarpur, Bihar 842002 and shall
produce a valid receipt thereof before
the court below. The bail bonds shall
be accepted only after verification of
the genuineness of the said receipt.
(ii) The petitioner shall
mark his attendance at Ahiyapur
Police Station on every Sunday of
each month. In the event of default,
Patna High Court CR. MISC. No.40694 of 2026(2) dt.24-06-2026
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the bail bonds shall be liable to be
cancelled.
(iii) At the time of
acceptance of bail bonds, the court
below shall verify the antecedents of
the petitioner. The bail bonds shall be
accepted only upon confirmation that
the petitioner has no criminal
antecedent. However, such verification
shall not be used as a ground to
unnecessarily delay acceptance of the
bail bonds.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
sadique/-
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