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Patna High Court

Binay KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
Patna High Court CR. MISC. No.43473 of 2026(2) dt.03-07-2026
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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
                                                        3/3




                      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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