Patna High CourtCR. MISC./30236/2026bail rejected

Baso Bind @ Basant Kumar v. The State Of Bihar

2026-05-08Mr. Justice Arun Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30236 of 2026 Arising Out of PS. Case No.-13 Year-2026 Thana- DANDARI District- Begusarai ====================================================== Baso Bind @ Basant Kumar S/O Late Shivjee Bind R/O Village - Balha, P.SDandari, Dist.- Begusarai ... ... Petitioner/s

Versus

The State of Bihar P ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 08-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner is apprehending his arrest in connection with Dandari P.S. Case No. 13 of 2026 registered for the offences under Section 30(a) of Bihar Prohibition and Excise Act.

3. As per prosecution case, police received secret information that the petitioner has been selling illicit liquor from the verandah of his house. A raid was conducted and a person fled away from the spot and the Mahal Chaukidar named the escaped person as this petitioner. From the search of the house of the petitioner, recovery of 12 litres of country made chulai liquor was made.

Patna High Court CR. MISC. No.30236 of 2026(2) dt.08-05-2026 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Nothing incriminating has been recovered from the person or possession of the petitioner as the recovery has been shown from a house which is a joint house. The petitioner has not been apprehended from the spot and for recovery from the joint house, the petitioner cannot be made liable for the said recovery. The seizure list witnesses are police personnel. The petitioner is having antecedent of one case of similar nature.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the recovery of illicit liquor has been made from the house of the petitioner.

6. Having regard to the fact that the recovery has been shown from the house of the petitioner thereby attracting the provision under Bihar Prohibition and Excise Act, I do not think it is a fit case for grant of anticipatory bail and hence, the prayer for anticipatory bail of the petitioner is rejected. (Arun Kumar Jha, J) DKS/- U T