Patna High Court
Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court refused the petitioner's request for anticipatory bail.
Summary
Vinod Kumar was riding a motorcycle from which police seized 160 litres of illicit liquor. He was charged under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found on his person and that he was implicated only on suspicion, seeking anticipatory bail. The State opposed the bail, contending the seriousness of the offence. The Court considered that the petitioner was the rider of the vehicle from which the contraband was recovered and refused the prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted when the accused is merely the rider of a vehicle from which illicit liquor was seized and no material is found on him
- Whether the allegations under Section 317(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act justify denial of anticipatory bail
Legislation cited
- Bharatiya Nyaya Sanhita — s. 317(5)
Subjects
- anticipatory bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- criminal procedure
- suspicion
- motorcycle rider
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19646 of 2026
Arising Out of PS. Case No.-7 Year-2026 Thana- BABURA District- Bhojpur
======================================================
Vinod Kumar S/o Sheolal Rai R/o Village - Raipur Bingawa,P.s - Doriganj,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Malti Kumari, Advocate
For the Opposite Party/s : Mr. Anuj Kumar Shrivastava, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Babura P. S. Case
No. 07 of 2026 registered for the offences punishable under
Section 317(5) of the Bharatiya Nyaya Sanhita and Section
30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 160 liters illicit liquor was
recovered from the seized motorcycle bearing engine no.
JA06EJGGD07434. Petitioner was riding the said motorcycle.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. He has been made accused in this
case only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail.
Patna High Court CR. MISC. No.19646 of 2026(2) dt.07-04-2026
2/2
6. Considering the fact that petitioner is rider of the
seized motorcycle, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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