Binay Krishna Sinha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41989 of 2026 Arising Out of PS. Case No.-707 Year-2022 Thana- DHANARUA District- Patna ====================================================== Binay Krishna Sinha, Son of Late Radha Krishna Sinha, Resident of House No. 129, Rajendra Nagar, Road No. 02, P.S.- Kadamkuan, District- Patna800003 ... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

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

Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 30-06-2026 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 Dhanarua P.S. Case No.707 of 2022 registered under Section 30(a) of the Bihar Prohibition and Excise (Amended) Act, 2022.

3. Allegation against the petitioner is to engage in illegal trade/manufacturing of illicit liquor, where there is recovery of 640 litres of IMFL/country-made liquor.

4. It is submitted by learned counsel appearing for petitioner that the alleged recovery was made from a Car bearing Registration No. BR1W-0990. It is further submitted

Patna High Court CR. MISC. No.41989 of 2026(2) dt.30-06-2026 2/3 that the alleged car from which illicit liquor stated to have been recovered had already been sold by the petitioner in the year 2018. However, the registration of the said vehicle continued to stand in the name of the petitioner, he has been falsely implicated in the present case solely on the basis of his status as the registered owner. It is also pointed out that nothing has been recovered from the conscious possession of the petitioner. The petitioner claimed antecedent.

5. Learned APP opposed the prayer of anticipatory bail to the petitioner.

6. In view of aforesaid factual submissions and by taking of note of fact as recovery of illicit liquor prima facie not appears to be made from physical possession of this petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, 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 sureties of the like amount each to the satisfaction of the

Patna High Court CR. MISC. No.41989 of 2026(2) dt.30-06-2026 3/3 learned Special Judge Excise-II, Patna in connection with Dhanarua P.S. Case No.707 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.) Raushan/- U T