Patna High Court
Kumar MadhukarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that anticipatory bail should be granted as the petitioner was not in conscious physical possession of the seized liquor and has a clean antecedent.
Summary
Kumar Madhukar, the owner of a four‑wheel vehicle, was implicated in Excise P.S. Case No. 209 of 2022 for alleged possession of illicit liquor, violating Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, 2018. During a police check on 21‑09‑2022, a bottle of whisky was recovered from the vehicle, but no liquor was found in the petitioner’s conscious physical possession. The petitioner pleaded innocence, arguing that he was implicated solely because he owned the vehicle and has no prior criminal record. The State opposed the grant of anticipatory bail. Considering the lack of direct possession, the petitioner’s clean antecedent, and the principle of bail, the High Court granted anticipatory bail subject to a bond, sureties, and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- What is the appropriateness of granting anticipatory bail when the accused is only the owner of a vehicle from which contraband was seized, without direct possession?
- Whether the petitioner’s clean criminal antecedent and lack of physical possession justify the grant of anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- excise law
- vehicle ownership
- seizure of liquor
- clean antecedent
- Bihar Prohibition and Excise Act
- Bharatiya Nagarik Suraksha Sanhita
- Section 482(2)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10711 of 2026
Arising Out of PS. Case No.-209 Year-2022 Thana- Excise P.S. District- Kishanganj
======================================================
Kumar Madhukar S/O Pravaker Prasad Verma Resident Village- Shital nagar,
Pochaha Pokhar, P.S.- Sabour, District -Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shubhangi Pandey, Adv
For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Excise P.S. Case No. 209 of 2022, registered for the
offence punishable under Sections 30(a) & 32(3) of Bihar
Prohibition and Excise Act, 2018.
3. The case of the prosecution, in short, is that on
21.09.2022 at about 10:05 PM during checking, a four-wheeler
car coming from Kishanganj side was intercepted. Upon search
of the vehicle, one bottle of "After Dark Premium Grain
Whisky-375 ml" was allegedly recovered from the vehicle. The
total quantity of seized liquor is shown to be 0.200 ml (approx.).
Two persons travelling in the vehicle were apprehended on the
spot.
Patna High Court CR. MISC. No.10711 of 2026(2) dt.17-02-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. He further submits that the petitioner has been
implicated because he is the owner of the seized vehicle.
Nothing has been recovered from the conscious physical
possession of the petitioner. He further submits that the
petitioner has no criminal antecedent.
5. Learned A.P.P. for the State opposes the prayer of
anticipatory bail.
6. Considering the fact that no recovery has been
made from the conscious physical possession of the petitioner
and he has simply been implicated because he is the owner of
the seized vehicle and also taking into account the fact that the
petitioner has clean antecedent, this Court is inclined to grant
privilege of anticipatory bail to the petitioner.
7. Let the petitioner, named above, in the event of his
arrest or surrender before the Court below within four weeks
from today, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten thousand) with two sureties of the like amount
each to the satisfaction of the learned Exclusive Special Judge
Excise II, Kishanganj in connection with Excise P.S. Case No.
209 of 2022, subject to the conditions laid down under section
Patna High Court CR. MISC. No.10711 of 2026(2) dt.17-02-2026
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482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 as also
further condition that:-
(i) the petitioner shall co-operate in the
investigation/trial.
(ii) the learned Court would, however, verify the
criminal antecedent of the petitioner and in case it is found that
the petitioner has concealed his criminal antecedent, the Court
below shall take step for cancellation of bail bond of the
petitioner. However, it is expected that the verification process
would be done expeditiously without causing any delay.
(Alok Kumar Sinha, J)
kiran/-
U T
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