Binder Singh @ Bindri vs State of Punjab

"This petition for pre-arrest bail is the first petition filed by the petitioner under Section 482 of 'the Bharatiya Nagarik Suraksha Sanhita, 2023'. It has been filed with regard to a case arising out of FIR No.238 dated 30.07.2026, Police Station Lehra, District Sangrur, for the commission of offence punishable under Sections 61/1/14 of Punjab Excise Act.

2.

The above-mentioned FIR came into being at the instance of ASI Ranjeet Singh. It was reported by the above-named police officer that on 30.07.2026 at about 05:00 PM on the basis of a tip-off given by a reliable source, the shop of the petitioner was raided and from the above-mentioned shop illicit liquor, kept in a plastic cane was recovered. According to above-named police officer, at the time of raid, the petitioner was not found on the shop, and that somebody present inside the shop had managed to ran away from the shop, by using the rear gate.

3.

It is case of the prosecution that pursuant to recovery of above-mentioned illicit liquor, requisite formalities with regard to seizure of above-mentioned liquor were completed and further investigation taken up.

4.

Notice of motion.

5.

Mr. Eklavya Darshi, Deputy Advocate General, Punjab appears on behalf of respondent-State. Hence service of notice upon the State is hereby dispensed with.

6.

Heard.

7.

A perusal of record shows that in the present case, following are the relevant factors which are required to be taken into consideration for a decision:-

i.

that the offence is triable by the Court of Judicial Magistrate;

ii.

that the maximum punishment prescribed for the above-mentioned offence is imprisonment upto five years;

iii.

that petitioner has clean antecedents

iv.

that the recovery of liquor has already taken place, and therefore, custodial interrogation of the petitioner is not likely to produce a fruitful result;

v.

that trial is not likely to be concluded in near future;

vi.

that detention of petitioner in judicial lock-up is not likely to serve any purpose;

vii.

that there is nothing on record to show that while on interim anticipatory bail, the petitioner is likely to tamper with the evidence or influence the witnesses; and

viii.

that there is nothing on record to show that while on interim anticipatory bail, the petitioner will not participate/cooperate in the investigation.

9.

Taking into consideration the cumulative effect of all the abovementioned factors, but without commenting anything on the merits of the case, it is hereby held that the petitioner is entitled to interim pre-arrest bail.

10.

Thus, it is hereby ordered that in the event of his arrest, the petitioner shall be released on interim pre-arrest bail on furnishing bonds to the satisfaction of arresting officer. However, in the meantime the petitioner shall join the investigation as and when notice is served upon him, in writing, by the Investigating Officer. He shall abide by the terms and conditions as envisaged under Section 482(2) of the BNSS, 2023.

11.

List on 27.08.2026.

12.

Let status report and detailed reply, if any, be filed by the State by next date.

13.

To be shown in urgent list."