Patna High Court
Arjun Kumar @ Arjun PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail is granted because the petitioner had no constructive possession of the illicit liquor and possesses a clean antecedent.
Summary
The petitioner, Arjun Kumar, was implicated in an Excise case (No. 1683 of 2025) after a police check seized 20 litres of illicit liquor from a motorcycle registered in his name. The police alleged that the motorcycle was being used by Durga Prasad and co‑accused Kailash Mahto, who were caught with the liquor. The petitioner applied for anticipatory bail, arguing that the liquor was not in his constructive possession and that he has a clean antecedent. The State opposed the bail, contending that the petitioner was the registered owner of the vehicle used in the offence. The Court examined the facts, noting the absence of any seizure from the petitioner’s premises or direct possession, and considered the clean record. Relying on Section 482(2) of the B.N.S.S., 2023, the Court granted anticipatory bail subject to a bond and sureties. The order directs the petitioner to surrender within four weeks if arrested, thereby disposing of the bail petition.
Issues considered
- Whether anticipatory bail can be granted to the registered owner of a vehicle used in the commission of an offence under the Bihar Prohibition and Excise Act, 2016.
- Whether the petitioner’s lack of constructive possession and clean antecedent justify the grant of anticipatory bail under Section 482(2) of the B.N.S.S., 2023.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 30(a), 32(3)
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- constructive possession
- illicit liquor
- excise law
- clean antecedent
- Section 482
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11705 of 2026
Arising Out of PS. Case No.-1683 Year-2025 Thana- Excise P.S. District- Muzaffarpur
======================================================
Arjun Kumar @ Arjun Prasad S/o Sukhai Bhagat R/o Village- Purainiya,
Panchayat Mahadeya, PS- Minapur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Hans Lal Kumar, Advocate
For the Opposite Party/s : Mr. Choubey Jawahar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 17-02-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Excise P.S. Case No. 1683 of 2025, F.I.R dated
19.10.2025 registered for the offences punishable under
Sections 30(a) and 32(3) of the Bihar Prohibition and Excise
Act, 2016.
3. As per the prosecution case, on 19.10.2025 at about
9:40 PM, during vehicle checking conducted by the informant
along with the Prohibition Armed Force, two persons riding a
motorcycle from Siwaipatti attempted to turn back on seeing the
police. They were apprehended along with the motorcycle.
Upon search, a plastic bag placed between them on the seat was
found containing 20 liters of illicit country-made liquor. The
Patna High Court CR. MISC. No.11705 of 2026(2) dt.17-02-2026
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accused identified themselves as Inspector Prasad (driver) and
Kailash Mahto, and the liquor was recovered from an Apache
motorcycle bearing Reg. No. BR06DF-0870.
4. Learned counsel for the petitioner submits that the
Apache motorcycle though belongs to the petitioner, but was
taken by one Durga Prasad, who is said to have mis-used the
said motorcycle and has been apprehended on the spot with
seized liquor along with one co-accused Kailash Mahto. The
petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the petitioner has clean
antecedent, accordingly, this Court is inclined to grant
anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
Patna High Court CR. MISC. No.11705 of 2026(2) dt.17-02-2026
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learned Exclusive Special Excise Court-II, Muzaffarpur, in
connection with Excise P.S. Case No. 1683 of 2025 subject to
the condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
sharun/-
U T
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