Patna High Court
Ritesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail is granted to the petitioner subject to a bond of ₹30,000 and verification of his criminal antecedent, as the ownership of the motorcycle does not, on facts, constitute possession of illicit liquor.
Summary
The petitioner, Ritesh Kumar, was implicated in a case (PS Case No. 596 of 2025) for alleged possession of 35 litres of illicit liquor recovered from his motorcycle, invoking Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that the motorcycle was being used by a friend, Saroj Kumar, on the date of the alleged offence and that he had no knowledge of any illegal activity, emphasizing his clean criminal record and poverty. The State opposed bail, arguing that the facts warranted continued custody. The Court examined whether ownership of the vehicle could constitute possession under the statute and considered the bail provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023. Applying Section 2(1)(d) and Section 482(2) of the 2023 Act, the Court held that bail could be granted subject to a bond and verification of antecedents. Accordingly, the petitioner was released on bail with a ₹30,000 bond and conditions for the trial court to verify his criminal antecedent.
Issues considered
- Whether ownership of a vehicle from which illicit liquor is recovered amounts to possession under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether bail can be granted in a non‑bailable offence under the provisions of the Bharatiya Nagrik Suraksha Sanhita, 2023.
- Whether the petitioner’s clean criminal antecedent and lack of knowledge of the alleged offence justify bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- illicit liquor
- possession
- vehicle ownership
- criminal antecedent
- Section 30(a)
- excise law
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15722 of 2026
Arising Out of PS. Case No.-596 Year-2025 Thana- UDWANTNAGAR District- Bhojpur
======================================================
Ritesh Kumar Son of Jawahar Singh Resident of Village- Gyan Chak Karwa,
P.S.- Udwantnagar, District- Bhojpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akash Kumar Mishra
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 25-03-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Udwant Nagar P.S. Case No. 596 of 2025 registered on
19.12.2025 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per the prosecution, recovery of 35 litres of
country-made illicit liquor from the motorcycle of the petitioner
is the subject matter of the present case.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. It is
submitted that nothing has been recovered from the conscious
possession of the petitioner; rather, he has been implicated in the
present case solely on the ground that he is the registered owner
Patna High Court CR. MISC. No.15722 of 2026(2) dt.25-03-2026
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of the motorcycle from which the alleged recovery has been
made. It is further submitted that on the alleged date of
occurrence, i.e., 19.12.2025, a friend of the petitioner, namely
Saroj Kumar, had taken the motorcycle on account of urgent
need, and the petitioner, in good faith, had handed over the same
to him. The petitioner had no knowledge or reason to believe
that his motorcycle would be misused for such illegal activities.
It is further submitted that the petitioner has a clean criminal
antecedent and has no connection whatsoever with the alleged
seized liquor, nor is he involved in the business of illicit liquor.
The petitioner is a poor person and is working as a daily wage
labourer to earn his livelihood, and he has never been involved
in any criminal activity.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Excise
Patna High Court CR. MISC. No.15722 of 2026(2) dt.25-03-2026
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Court No. II, Bhojpur, Ara, in connection with the
aforementioned case, subject to the conditions as laid down
under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita,
2023.
7. And further condition that the Trial Court 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 trial Court 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.
(Dr. Anshuman, J)
Ashwini/-
U T
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