Patna High Court
Binay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
The petitioner, Binay Kumar, was named in an FIR for alleged illegal manufacture and trade of illicit liquor under the Bihar Prohibition and Excise Act, 2018, with 81.45 litres recovered from a vehicle registered in his name. He contended that the vehicle had been sold, that he could not transfer the registration due to ill health, and that the liquor was not in his conscious possession, emphasizing his clean antecedent. The Additional Public Prosecutor opposed his request for anticipatory bail. The court examined the factual submissions and noted that the recovery did not appear to be from the petitioner's physical possession. Consequently, the court directed that the petitioner be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 and two sureties of equal amount, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging illegal liquor trade under the Bihar Prohibition and Excise Act, 2018.
- Whether the ownership of the vehicle from which liquor was recovered implicates the petitioner in the alleged offence.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a), 32(i), 32(ii), 41(i), 41(ii)
- Criminal Procedure Code (CrPC) — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- clean antecedent
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43473 of 2026
Arising Out of PS. Case No.-708 Year-2022 Thana- DANAPUR District- Patna
======================================================
Binay Kumar Son of Devendra Prasad Resident of Mohalla- Kela Market,
Pethiya Bazar, P.O.- Danapur Cantt, P.S.- Danapur, Dist.- Patna, 801503,
Bihar
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Md Shadab Alam Wazdi, Advocate
For the Opposite Party : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 03-07-2026 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 Danapur P.S.
Case No.708 of 2022 registered under Sections 30(a), 32(i),
32(ii) and 41(i) (ii) of Bihar Prohibition and Excise Act,
2018.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 81.45 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the recovery of alleged illicit liquor was
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made from a car bearing Registration No. BR01AX 6592
which was involved in carrying illegal consignment of liquor.
It is also submitted that name of petitioner arrayed solely for
the reason that petitioner is the registered owner of the said
vehicle. It is further argued that the said vehicle was already
sold to other person and the transfer of registered owner
name could not be done due to ill health of the petitioner
and also it can be pointed out that recovery of illicit liquor
was not made from conscious possession of this petitioner.
Petitioner claimed clean antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, who is man of clean antecedent, accordingly, the
petitioner, above-named, 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
Patna High Court CR. MISC. No.43473 of 2026(2) dt.03-07-2026
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sureties of the like amount each to the satisfaction of the
learned Special Excise Judge, Danapur, Patna, in connection
with Danapur P.S. Case No.708 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.)
Aniket/-
U T
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