Patna High Court
Binay Krishna SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, holding that the recovery of liquor was not linked to his personal possession and that he is entitled to bail under the applicable provisions.
Summary
The petitioner, Binay Krishna Sinha, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022, based on the recovery of 640 litres of liquor from a vehicle registered in his name. He contended that the vehicle had been sold in 2018 and that the registration remained in his name only, asserting that no liquor was found in his possession and that he has a clean antecedent. The Additional Public Prosecutor opposed his application for anticipatory bail. The court observed that the recovery did not appear to be from the petitioner's physical possession and, considering his clean record, directed that he be released on anticipatory bail upon surrendering to the Special Judge within four weeks, subject to a bail bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order emphasizes that mere registration of a vehicle does not suffice for criminal implication without possession. The bail was granted with standard conditions.
Issues considered
- Whether anticipatory bail should be granted when the alleged illicit liquor was not recovered from the petitioner's possession.
- Whether registration of a vehicle in the petitioner's name, despite its sale, is sufficient grounds for implication under the Bihar Prohibition and Excise Act.
- Whether the conditions of Section 438(2) CrPC and Section 482(2) BNSS are satisfied for granting bail.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amended) Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- Section 482 BNSS
- vehicle registration
- possession
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41989 of 2026
Arising Out of PS. Case No.-707 Year-2022 Thana- DHANARUA District- Patna
======================================================
Binay Krishna Sinha, Son of Late Radha Krishna Sinha, Resident of House
No. 129, Rajendra Nagar, Road No. 02, P.S.- Kadamkuan, District- Patna-
800003
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Nishant Kumar Sinha, Advocate
For the Opposite Party/s : Dr. Kumar Uday Pratap, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Dhanarua P.S.
Case No.707 of 2022 registered under Section 30(a) of the
Bihar Prohibition and Excise (Amended) Act, 2022.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 640 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
petitioner that the alleged recovery was made from a Car
bearing Registration No. BR1W-0990. It is further submitted
Patna High Court CR. MISC. No.41989 of 2026(2) dt.30-06-2026
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that the alleged car from which illicit liquor stated to have
been recovered had already been sold by the petitioner in
the year 2018. However, the registration of the said vehicle
continued to stand in the name of the petitioner, he has
been falsely implicated in the present case solely on the
basis of his status as the registered owner. It is also pointed
out that nothing has been recovered from the conscious
possession of the petitioner. The petitioner claimed
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking of note of fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner above-named, who is a
man of clean antecedent, in the event of his arrest or
surrender in the court below within a period of four weeks
from today, is directed to be released on bail on furnishing
bail bond of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.41989 of 2026(2) dt.30-06-2026
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learned Special Judge Excise-II, Patna in connection with
Dhanarua P.S. Case No.707 of 2022, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.)
Raushan/-
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