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Patna High Court

Ram Kumar SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner, being merely the registered owner of the motorcycle and having no knowledge of the illicit liquor, is entitled to anticipatory bail under Section 438 CrPC.

Summary

Ram Kumar Sah, the registered owner of a motorcycle, was implicated in an illegal liquor case after police recovered illicit liquor from the vehicle. He claimed the bike was borrowed by his friend Vinod Sah, who was arrested at the scene, and that he had no knowledge of the contraband. The petitioner argued he had no criminal antecedent and was falsely implicated solely due to ownership. The court examined the facts, noting the lack of any incriminating conduct or knowledge on the petitioner’s part. Considering these circumstances, the court granted anticipatory bail, subject to conditions under Section 438(2) of the CrPC. The bail order required a bond of Rs.10,000 with two sureties and compliance with the Additional Sessions Judge’s directions.

Issues considered

  • Whether the petitioner can be held liable under Sections 272/273 IPC and Section 30(a) Bihar Prohibition and Excise Act for the recovered liquor
  • Whether anticipatory bail is appropriate when the accused is merely the registered owner of the vehicle and lacks knowledge of the offence
  • Whether the petitioner’s clean criminal record warrants the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • motor vehicle ownership
  • false implication
  • CrPC Section 438
  • IPC Sections 272/273
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18553 of 2026
                    Arising Out of PS. Case No.-272 Year-2021 Thana- BASOPATTI District- Madhubani
                 ======================================================
                 Ram Kumar Sah Son of Late Mishri Sah Resident of Village- Basopatti, P.S.-
                 Basopatti, Dist.- Madhubani

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bhavesh Kumar Sah
                                                  Ms. Archna Aanand
                 For the Opposite Party/s :       Mr. Pradeep Narain Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   08-04-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Basopatti Police Station Case No. 272 of 2021, dated

                            11.11.2021, disclosing offences under Sections 272/273

                            of the Indian Penal Code and Section 30(a) of the Bihar

                            Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that on 11.11.2021, the police received secret

                            information that one Vinod Sah and Palat Thakur were

                            engaged in illegal liquor trade and were carrying liquor

                            on a motorcycle. Upon the information, the police

                            reached the place of occurrence where accused persons
Patna High Court CR. MISC. No.18553 of 2026(2) dt.08-04-2026
                                            2/3




                  tried to flee but were apprehended. On search, 3 litres of

                  Nepali country-made liquor from Hero HF Delux, bearing

                  registration no. BR32-AC-0655, and 7.5 litres of illicit

                  liquor from Hero Glamour, bearing registration no. BR32-

                  L-8654, were recovered.

              4. Learned counsel for the petitioner submits that the

                  petitioner has falsely been implicated in the present case

                  merely because he happens to be the registered owner of

                  the Hero HF Delux motorcycle, bearing registration no.

                  BR32-AC-0655.           He      next    submits   that   the   said

                  motorcycle, from where illicit liquor has been recovered,

                  was borrowed by his friend, namely, Vinod Sah, who was

                  arrested on the spot and the petitioner had no knowledge

                  about illicit liquor being kept therein. The petitioner has

                  got no criminal antecedent.

              5. Having regard to the submissions made on behalf of the

                  parties and taking into consideration the fact that the

                  petitioner has been made accused merely because he

                  happens to be the registered owner of the motorcycle,

                  which was borrowed by his friend, who was arrested on

                  the spot, I am inclined to grant the petitioner privilege of

                  anticipatory bail.
            Patna High Court CR. MISC. No.18553 of 2026(2) dt.08-04-2026
                                                        3/3




                          6. This application is, accordingly, allowed.

                          7. Let the petitioner, above named, in the event of his arrest

                              or surrender before the Court below within four weeks, be

                              released on bail on furnishing bail bond of Rs. 10,000/-

                              (Ten Thousand) each with two sureties of the like amount

                              each to the satisfaction of learned Additional Sessions

                              Judge II -cum- Special Judge, Excise Act, Madhubani, in

                              connection with Basopatti Police Station Case No. 272 of

                              2021, subject to the condition laid down under Section

                              438 (2) of the Code of Criminal Procedure.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T


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