Patna High Court
SUKHARI BINDversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 482(2)
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
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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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