Patna High Court
Narayan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioner, not being the owner, driver, or passenger of the vehicle, is entitled to pre‑arrest bail.
Summary
The petitioner, Narayan Kumar, applied for pre‑arrest bail in a case where 249.375 litres of foreign liquor were seized from a vehicle (chassis No. M3HHMPBB24J045636) under Section 30(a) of the Bihar Prohibition and Excise Act, 2022. He had earlier been granted anticipatory bail, but the bail bond was not accepted because the vehicle owner's identity was not verified. The District Transport Officer and District Magistrate identified the vehicle’s registration (BR02RA4930) and owner (Sunita Devi), confirming that the petitioner was neither the owner, driver, nor passenger. Relying on this information and the earlier anticipatory bail order, the court found no basis to detain the petitioner and granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and compliance with Section 438(2) Cr.P.C. and Section 482(2) BNSS. The court also directed verification of the petitioner’s criminal antecedents, stating that the bail order would lapse if adverse findings emerged.
Issues considered
- Whether the petitioner is the owner, driver, or passenger of the vehicle from which foreign liquor was seized.
- Whether the earlier anticipatory bail order suffices to grant pre‑arrest bail.
- Whether Section 30(a) of the Bihar Prohibition and Excise Act, 2022, warrants denial of bail in the present circumstances.
Legislation cited
- Bihar Prohibition and Excise Act, 2022 — s. 30(a)
- Criminal Procedure Code — s. 438(2), 482(2)
Subjects
- pre‑arrest bail
- anticipatory bail
- foreign liquor seizure
- vehicle ownership
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 Cr.P.C.
- Section 482 Cr.P.C.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10270 of 2026
Arising Out of PS. Case No.-101 Year-2025 Thana- RAFIGANJ District- Aurangabad
======================================================
Narayan Kumar S/o Bhim Chaudhary Resident of Village- Ramna, P.S.-
Sherghati, District- Gaya
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Sunita Devi W/o Shiv Shankar Chaudhary R/o Village Shiv Mandir
Sheikhpura , P.S. Sherghati, Dist- Gaya
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate.
For the Opposite Party/s : Mr. Ajit Kumar, APP.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
7 03-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Rafiganj P.S. Case No. 101 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2022.
3. Allegation is of recovery of 249.375 litres of
foreign liquor from a Toto bearing Chassis No.
M3HHMPBB24J045636.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner was granted anticipatory
bail vide order dated 23.09.2025 passed in Cr. Misc. No. 59082
Patna High Court CR. MISC. No.10270 of 2026(7) dt.03-07-2026
2/3
of 2025, but the bail bond of the petitioner was not accepted
because the information in respect of the owner of the vehicle
was not verified. The petitioner claimed his innocence
submitting that he is neither the owner nor the driver or
passenger of the vehicle which was seized having Chassis No.
M3HHMPBB24J045636.
5. In view of the above information given on behalf of
the petitioner in the present application, the District Transport
Officer, Aurangabad was directed to file counter affidavit giving
the details of the owner of the vehicle on the basis of Chassis
No. M3HHMPBB24J045636.
6. By filing counter affidavit, the District Transport
Officer, Aurangabad and the District Magistrate, Aurangabad
based on the above Chassis Number have informed that the
Registration Number of the Vehicle is BR02RA4930 and the
owner of the vehicle is Sunita Devi and in support thereof they
have brought owner book of the vehicle on record.
7. Considering the above information, I find that the
petitioner who was already granted anticipatory bail by this
Court vide order dated 23.09.2025 has made out a case to be
released on pre-arrest bail having found not the owner of the
vehicle on which 249.375 litres of foreign liquor was recovered
Patna High Court CR. MISC. No.10270 of 2026(7) dt.03-07-2026
3/3
and also the fact that the petitioner has claimed that he is also
not the driver or passenger of the vehicle.
8. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the Court below within a period of four weeks from
today, on furnishing bail bond of Rs. 10,000/- (Ten thousand)
with two sureties of the like amount each to the satisfaction of
learned Special Judge, Excise-I, Aurangabad in connection with
Rafiganj P.S. Case No. 101 of 2025, subject to the condition as
laid down under Section 438(2) Cr.P.C / 482(2) BNSS.
9. The District Court is directed to verify the criminal
antecedent of the petitioner and if it is found that the petitioner
is involved in some other cases as what has been stated in Para-
3 of the bail petition, this order will automatically lose its force.
10. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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