Patna High Court
Biplab HalderversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused anticipatory bail to the petitioners.
Summary
The petitioners, Biplab Halder and Shyamal Biswas, sought anticipatory bail in a case (Baisi PS No.257/2021) involving alleged offences under IPC sections 272 and 273 and the Bihar Prohibition and Excise Act sections 30(a), 41 and 47. The prosecution alleged that 630 litres of illicit liquor were seized from a pick‑up van and that the petitioners were implicated solely on the basis of a confessional statement of co‑accused Murshid Alam. The petitioners contended that no incriminating material was found on them, they were neither drivers nor owners of the vehicle, and therefore bail should be granted. The State opposed the bail, highlighting that petitioner 1 had two prior convictions and petitioner 2 had three prior convictions of a similar nature, and emphasized the large quantity of liquor recovered. Considering the seriousness of the offence, the volume of illicit liquor seized, and the petitioners’ criminal antecedents, the Court refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the alleged offences under IPC and the Bihar Prohibition and Excise Act.
- Whether the reliance on a co‑accused’s confessional statement, without any material found on the petitioners, suffices to deny bail.
- Whether the petitioners’ prior criminal antecedents justify refusal of bail.
Legislation cited
- Indian Penal Code — s. 272, 273
Subjects
- anticipatory bail
- illicit liquor
- IPC
- Bihar Prohibition and Excise Act
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72893 of 2025
Arising Out of PS. Case No.-257 Year-2021 Thana- BAISI District- Purnia
======================================================
1. Biplab Halder S/o Parimal Halder R/o Bidhan Pally, Ward No. 10, P.S.-
Dalkhola, District- Uttar Dinajpur (West Bengal)
2. Shyamal Biswas @ Shyam Biswas S/O Dhirendra Nath Biswas R/o
Mohalla- PWD Para, Ward No. 09, P.S.- Dalkhola, District- Uttar Dinajpur
(West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dheeraj Kumar, Advocate
For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-02-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Baisi P. S. Case No.
257 of 2021 registered for the offences punishable under
Sections 272, 273 of the Indian Penal Code and Sections 30(a),
41, 47 of Bihar Prohibition and Excise Act.
3. As per prosecution case, 630 liters illicit liquor was
recovered from the seized pick-up van.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of the petitioners. Petitioners are neither drivers nor
owners of the vehicle in question and they have made accused
Patna High Court CR. MISC. No.72893 of 2025(2) dt.05-02-2026
2/2
in this case only on the basis of confessional statement of co-
accused Murshid Alam.
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that petitioner no. 1 has got two criminal
antecedents and petitioner no. 2 has got three criminal
antecedents of similar nature.
6. Considering huge quantity of recovery and criminal
antecedents of similar nature, prayer for anticipatory bail of the
petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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