Patna High Court
Vir Kunwar @ Vir KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Since the alleged seizure was from a vehicle owned by the petitioner and not from his conscious possession, the petitioner is entitled to pre‑arrest bail.
Summary
Vir Kunwar, the registered owner of a motorcycle from which 105 litres of illicit liquor was seized, applied for pre‑arrest bail, claiming he had no knowledge or control over the liquor and that the vehicle was taken by others under a false pretext. The State opposed the bail, alleging involvement in an offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The Court examined the material and observed that the petitioner’s implication stemmed solely from his ownership of the vehicle, with no recovery made from his conscious possession. Finding a prima facie case for bail, the Court directed that the petitioner be released on pre‑arrest bail upon furnishing a bail bond and sureties, subject to verification of his criminal antecedents. The order also stipulated that the bail would lapse if the petitioner is found to be involved in other cases as alleged.
Issues considered
- Whether the petitioner, being the registered owner of the vehicle from which illicit liquor was recovered, is entitled to pre‑arrest bail under the circumstances.
- Whether the absence of conscious possession of the seized liquor justifies granting bail.
Legislation cited
- Bihar Narcotic Substances (Suppression) Act — s. 482
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- bail bond
- surety
- illicit liquor
- ownership vs possession
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
- Section 438
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20425 of 2026
Arising Out of PS. Case No.-362 Year-2025 Thana- Excise P.S. District- Bhojpur
======================================================
Vir Kunwar @ Vir Kumar S/O Mohan Chaudhari R/O Village- Dewaich
Kundi, P.S.- Shahpur ,Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saumya, Advocate
For the Opposite Party/s : Mr.Nand Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 09-04-2026 Heard Mr. Saumya, learned counsel appearing on
behalf of the petitioner and Mr. Nand Kumar, learned APP
appearing on behalf of the State.
2. The petitioner apprehends his arrest in connection
with (Sadar) Ara P.S. Case No. 362 of 2025 registered for the
offence punishable under Section 30(a) of the Bihar Prohibition
and Excise Act, 2016, as amended upto date.
3. As per the allegation made in the FIR, 105 litres of
illicit made liquor was recovered from a motorcycle bearing
Reg. No.BR03AR6391.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner is innocent and he has been
falsely implicated in the case. He has no concern either with the
seized liquor or trade of liquor in any manner. The petitioner has
Patna High Court CR. MISC. No.20425 of 2026(2) dt.09-04-2026
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no concern with the alleged recovery of liquor and his
implication is only on account of his being the registered owner
of the motorcycle bearing Registration No. BR03AR6391. The
said motorcycle was taken by two persons on the pretext of a
medical emergency and the alleged recovery has not been made
from the conscious possession of the petitioner. The petitioner
has clean antecedent. On these grounds, petitioner seeks to be
released on pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, upon perusal of the materials available
on record, this Court finds that the implication of the petitioner
appears to be primarily on account of his being the registered
owner of the motorcycle bearing Registration No.
BR03AR6391, from which the alleged recovery has been made,
and no recovery has been made from his conscious possession. I
am of the opinion that the petitioner has, prima facie, made out
a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
Patna High Court CR. MISC. No.20425 of 2026(2) dt.09-04-2026
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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 learned District Court where the case is
pending/successor court in connection with (Sadar) Ara P.S.
Case No. 362 of 2025, subject to the condition as laid down
under Section 438(2) of the Cr.P.C./482 of the BNSS.
8. The District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that
the petitioner is involved in some other cases as what has
been stated in Para-3 of the bail petition, this order will
automatically lose its force.
(Purnendu Singh, J)
Ashishsingh/-
U T
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