Patna High Court
Vasukinath Jha @ Basukinath JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to specified conditions.
Summary
Vasukinath Jha sought anticipatory bail after the police intercepted a motorcycle, owned by him, carrying 18 litres of Nepali liquor. The prosecution alleged offences under Sections 274, 275, 3(5) of the Bihar Narcotic Substances Act and Section 30(a) of the Bihar Prohibition and Excise Act, but the petitioner was not named in the FIR. He contended that the motorcycle was lent to co‑accused Sonu Kumar Choupal, who was actually in possession of the liquor, and that his own criminal record did not involve any excise offence. The State opposed the bail, while the petitioner’s counsel argued lack of direct involvement. The High Court, applying Section 438(2) of the CrPC read with Section 482(2) of the B.N.S.S., granted anticipatory bail subject to stringent conditions, including surety, personal appearance, and reporting to the Superintendent of Police. The order clarified that its observations would not affect the trial.
Issues considered
- Whether the petitioner, as owner of the motorcycle used in the alleged liquor smuggling, is liable to be arrested under the excise and narcotic statutes.
- Whether anticipatory bail under Section 438 CrPC is appropriate given the petitioner’s prior criminal antecedents.
- Whether the petitioner’s lack of direct involvement and absence from the FIR justify granting bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 274, 275, 3(5), 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Bihar Narcotic Substances Act
- Bihar Prohibition and Excise Act
- motorcycle ownership
- liquor smuggling
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11001 of 2026
Arising Out of PS. Case No.-68 Year-2025 Thana- Patauna District- Madhubani
======================================================
Vasukinath Jha @ Basukinath Jha S/o Parmanand Jha R/o - Bhojparaul, P.S -
Bisfi, District - Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ravi Ranjan, Advocate
For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends his arrest in connection with
Patauna P.S. Case No. 68 of 2025 registered for the offences
under Sections 274, 275, 3(5) of the B.N.S. and under Section
30(a) of the Bihar Prohibition and Excise Act.
3. The prosecution case is to the effect that the police
intercepted a motorcycle and apprehended two persons, who
were allegedly carrying 18 litres of Nepali liquor in a sack.
4. Learned counsel for the petitioner submits that the
petitioner is not named in the FIR, however, the police is after
the petitioner because the motorcycle on which the apprehended
persons were travelling belongs to the petitioner. It has further
been submitted that the petitioner has no concern with the
Patna High Court CR. MISC. No.11001 of 2026(2) dt.17-02-2026
2/4
aforesaid recovery of liquor and in fact, he had given his
motorcycle to the apprehended co-accused, namely, Sonu
Kumar Choupal and it was the said Sonu Kumar Choupal, who
was carrying such liquor. It has lastly been submitted that the
petitioner carries three criminal cases but none of them is under
the Excise Act.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with Patauna P.S. Case
No. 68 of 2025 subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure read with
corresponding Section 482(2) of B.N.S.S. as well as subject to
the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
Patna High Court CR. MISC. No.11001 of 2026(2) dt.17-02-2026
3/4
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage 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, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
(vi) In view of the antecedents of the petitioner,
the petitioner is directed to appear before the
Superintendent of Police, Madhubani within
fifteen days of his release with a copy of this
Patna High Court CR. MISC. No.11001 of 2026(2) dt.17-02-2026
4/4
order and every two weeks thereafter for the
next nine months. The conduct of the petitioner
will be kept under watch in this period by the
Superintendent of Police concerned and if it is
found wanting in any respect, a report shall be
made to the court concerned by him to initiate a
proceeding for cancellation of bail for reasons
of misuse of bail. After reporting to the
Superintendent of Police, a certificate will be
filed by the petitioner before the court
concerned.
7. Accordingly, the prayer for anticipatory bail is
allowed.
8. It is made clear that the observation, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
Checking your session…