Patna High Court
Ankit KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- DISPOSED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail may be granted to a person not in ownership or possession of the seized vehicle but cannot be granted to the registered owner of the vehicle.
Summary
The petitioners, Ankit Kumar and Bablu Kumar, sought anticipatory bail after a police seizure of 300.330 liters of illicit liquor from a vehicle and a truck, with Bablu Kumar being the registered owner of the seized auto. They argued that no incriminating material was found in their possession, they had clean antecedents, and that Ankit Kumar was neither owner nor driver of the vehicles. The State opposed the bail applications, citing the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court refused anticipatory bail to Bablu Kumar, the owner, but granted it to Ankit Kumar, imposing a bail bond of Rs.10,000 with two sureties and subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. The order directs that if Ankit Kumar is arrested within eight weeks, he shall be released on bail under the specified conditions.
Issues considered
- Whether anticipatory bail can be granted to a person not in ownership or possession of the seized vehicle (petitioner 1)
- Whether anticipatory bail can be granted to the registered owner of the seized vehicle (petitioner 2) despite the alleged offence
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- clean antecedent
- ownership
- Bharatiya Nagarik Suraksha Sanhita
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19942 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- KARJA District- Muzaffarpur
======================================================
1. Ankit Kumar Son of Bhaglal Ray @ Bhagya Lal Ray Both are Resident of
Village - Pakari Pakohi, P.S. - Karza, District - Muzaffarpur.
2. Bablu Kumar Son of Nagendra Ray Both are Resident of Village - Pakari
Pakohi, P.S. - Karza, District - Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhay Kumar Mishra, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 300.330 liters illicit
liquor was recovered from the seized auto and truck. Petitioner
no. 2 is registered owner of the seized auto.
4. Learned counsel appearing for the petitioners
submits that no incriminating material has been recovered from
conscious possession of the petitioners and they have got no
concern with the aforesaid recovery. Petitioner no. 1 is neither
Patna High Court CR. MISC. No.19942 of 2026(2) dt.08-04-2026
2/2
owner nor driver of the vehicles in question and his name
transpired during investigation. Petitioners claim clean
antecedent.
5. Learned counsel for the State opposed the bail
application.
6. In view of the fact that petitioner no.2 is registered
owner of the seize auto, prayer for anticipatory bail of
petitioner no. 2 is refused.
7. However, considering the nature of accusation and
clean antecedent, prayer for anticipatory bail of petitioner no.
1 is allowed and it is ordered that the above named petitioner
no.1 in the event of his arrest/surrender before the court below
within a period of eight weeks from today, be enlarged on bail
on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
Exclusive Special Judge, Excise Court II, Muzaffarpur in
connection with Karza P. S. Case No. 43 of 2026, subject to
condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
Checking your session…