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Patna High Court

SUKHARI BINDversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court allowed the anticipatory bail application, granting provisional anticipatory bail subject to conditions under Section 482(2) of the CrPC.

Summary

The petitioners, Sukhari Bind and Gudiya Devi, applied for anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 11.48 litres of liquor recovered from a joint family house. They argued they have clean antecedents, the liquor was not in their conscious possession, and the house does not belong solely to the female petitioner. The State opposed the bail. The High Court, after considering the submissions, directed that the petitioners be released on provisional anticipatory bail upon furnishing bail bonds and sureties, subject to verification of their criminal antecedent and compliance with conditions under Section 482(2) of the CrPC. The court clarified that if any antecedent is discovered, the bail would not be confirmed; otherwise, it would be confirmed forthwith. The application was allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the lack of conscious possession and clean antecedent justify granting anticipatory bail.
  • Whether provisional anticipatory bail can be conditioned on verification of the petitioners' criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30(a)
  • clean antecedent
  • joint family property
  • Section 482 CrPC
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91434 of 2025
                 Arising Out of PS. Case No.-326 Year-2025 Thana- RAMGARH District- Kaimur (Bhabua)
                 ======================================================
           1.     SUKHARI BIND S/O BANSHIDHAR BIND R/o vill - Bindpurwa, P.S.-
                  Ramgarh, Distt.- Kaimur at Bhabua
           2.    Gudiya Devi @ Guriya Devi W/o Late Ramkumar Bind R/o vill -
                 Bindpurwa, P.S.- Ramgarh, Distt.- Kaimur at Bhabua

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Tribhuwan Narayan, Advocate
                 For the Opposite Party/s :      Mr. Nagendra Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   12-01-2026                    Heard learned counsel for the petitioners and learned

                   APP for the State.

                                  2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under Section 30(a) of

                   Bihar Prohibition and Excise Act.

                                  3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and petitioner no.2

                   is a woman and allegation is of recovery of 11.48 litres of liquor

                   from house of petitioner no.2. It is next submitted that

                   petitioners were not arrested from the spot, as such, nothing was

                   recovered from their conscious possession and even alleged

                   recovery is from a place which does not belong to petitioner
Patna High Court CR. MISC. No.91434 of 2025(2) dt.12-01-2026
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          no.1 and the house in question is a joint family property, as

          such, it cannot be alleged with certainty that it was petitioner

          no.2 who had kept the liquor in the house or the liquor kept in

          the house was within her knowledge and the petitioners came to

          be implicated based on secret information which is the easiest

          way     to    implicate      someone       without   holding a   proper

          investigation.

                        4. Learned A.P.P. opposes the anticipatory bail

          application.

                        5. Considering the submissions made by the learned

          counsel for the petitioners, the petitioners, above-named, in the

          event of their arrest or surrender before the learned Court below

          within a period of six weeks, is directed to be released on

          provisional anticipatory bail on their furnishing bail-bonds in

          the sum of Rs.500/- (Rupees Five Hundred) each with two

          sureties of the like amount each to the satisfaction of learned

          Special Judge Excise-II, Kaimur at Bhabhua in connection with

          Ramgarh P.S. Case No.326 of 2025, subject to the conditions

          laid down under Section 482(2) of the B.N.S.S.

                        6. The application stands allowed.

                        7. It is made clear that the learned trial Court after

          accepting the provisional bail bonds of the petitioners shall
               Patna High Court CR. MISC. No.91434 of 2025(2) dt.12-01-2026
                                                           3/3




                         verify the criminal antecedent of the petitioners and in the event,

                         if it is found that petitioners have antecedent of even one case,

                         then it would be presumed that petitioners for the purposes of

                         obtaining anticipatory bail had concealed their antecedent

                         before this Court, in that event, the present provisional

                         anticipatory bail order shall not be confirmed, but if on

                         verification, it is found that petitioners are persons with clean

                         antecedent, in that event, the provisional anticipatory bail order

                         shall be confirmed forthwith.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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