Patna High Court
Upendra BinversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
Anticipatory bail was denied.
Summary
The petitioner, Upendra, was implicated in a case (PS Case No. 414 of 2024) for alleged possession of 15 litres of country‑made liquor recovered from his motorcycle, invoking Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He applied for anticipatory bail, asserting that the liquor was not in his conscious possession and that his name was mentioned only based on local informants, while also highlighting that he is already on bail in two other excise cases. The State opposed bail, emphasizing his unclean criminal antecedent with two pending excise cases. The Patna High Court, after hearing both sides, declined to grant anticipatory bail, noting the circumstances and prior cases. However, the Court directed that if the petitioner surrenders within four weeks, the trial court must promptly decide his surrender‑cum‑bail application on the merits.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in view of the facts and his prior criminal antecedents.
Legislation cited
Subjects
- anticipatory bail
- excise law
- possession of illicit liquor
- criminal antecedent
- Bihar Prohibition and Excise Act
- Section 30(a)
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42050 of 2026
Arising Out of PS. Case No.-414 Year-2024 Thana- KOILWAR District- Bhojpur
======================================================
Upendra Bin S/o Chhotai Bin @ Chotai Bin R/o vill - Pachrukhiya Kala, P.S.-
Koilwar, Distt.- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ramanuj Tiwary, Adv.
For the Opposite Party/s : Mrs. Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner is apprehending arrest in connection
with Koilwar P.S. Case No. 414 of 2024 lodged on 16.10.2024,
for the offence punishable under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022, pending in the
Court of Exclusive Special Excise Court No.2, Bhojpur at Ara.
3. As per the prosecution, FIR has been lodged against
the sole petitioner and owner of a motorcycle. Total recovery of
15 litres of country made liquor has been made, which is the
subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.42050 of 2026(2) dt.01-07-2026
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submits that nothing has been recovered from the conscious
possession of the petitioner and the alleged recovery has been
made from a motorcycle. Counsel submits that the petitioner
was not apprehended from the place of occurrence and his name
has figured in this case only by virtue of the disclosure made by
the local people. He further submits that the criminal antecedent
of the petitioner is not clean as there are two cases pending
against him and in both the cases, he is on bail and no recovery
has been made.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the criminal antecedent of
the petitioner is not clean as there are two cases pending against
him and both the cases are registered under Excise Act.
6. As such, in the present facts and circumstances, this
Court is not inclined to grant bail to the petitioner. Accordingly,
the prayer for anticipatory bail of the petitioner stands rejected.
7. However, if petitioner surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, specifically
considering the ingredients of the offence, without being
prejudice that the anticipatory bail of the petitioner has been
Patna High Court CR. MISC. No.42050 of 2026(2) dt.01-07-2026
3/3
rejected by this Court and the Trial Court shall pass order on the
merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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