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Patna High Court

Vasukinath Jha @ Basukinath JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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