Patna High Court
Akash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The petitioners are entitled to pre‑arrest bail as they have no possession of the illicit liquor and possess clean antecedents.
Summary
The petitioners, Akash Kumar and Mukesh Thakur, applied for pre‑arrest bail in a case where police seized 35.250 litres of illicit liquor from two motorcycles during a prohibition check. The FIR alleged that Akash was the driver and Mukesh the registered owner of one of the motorcycles, but no liquor was found in their physical or conscious possession. The petitioners claimed innocence, clean antecedents, and that they were falsely implicated. The State opposed the bail, but the Court noted the lack of direct possession and the petitioners' clean records, finding a prima facie case for bail. Accordingly, the Court ordered that they be released on pre‑arrest bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to verification of any other criminal antecedents.
Issues considered
- Whether the petitioners are entitled to pre‑arrest bail under Section 438 CrPC in view of the allegations under the Bihar Prohibition and Excise Act, 2022.
- Whether the absence of conscious or physical possession of the seized liquor and the petitioners' clean antecedents justify granting bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2), 482
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 438 CrPC
- illicit liquor
- clean antecedents
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20441 of 2026
Arising Out of PS. Case No.-48 Year-2026 Thana- KOCHADHAMAN District- Kishanganj
======================================================
1. Akash Kumar S/O Kamleshwari Thakur @ Kamleshwar Thakur Resident of
village- Dhangama, P.S.- Jalalgarh, District- Purnea
2. Mukesh Thakur S/O Kamleshwari Thakur @ Kamleshwar Thakur Resident
of village- Dhangama, P.S.- Jalalgarh, District- Purnea
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raj Kumar, Advocate
For the Opposite Party/s : Mr.Mukesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 08-04-2026 Heard Mr. Raj Kumar, learned counsel appearing on
behalf of the petitioners and Mr. Mukesh Kumar Singh, learned
APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Kochadhaman P.S. Case No. 48/2026 registered for the
offence(s) punishable under Sections 30(a) of the Bihar
Prohibition and Excise Act, 2022 (as amended upto date).
3. As per the allegations made in the FIR, during a
routine prohibition check, the informant team intercepted two
motorcycles, apprehended one co-accused while petitioner no.1
(Akash Kumar) fled from the spot, and upon search recovered
about 35.250 litres of illicit liquor from motorcycles bearing
Patna High Court CR. MISC. No.20441 of 2026(2) dt.08-04-2026
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Registration Nos. BR 11BR2164 and BR 11AJ-9938. Petitioner
no. 2 is the registered owner of the vehicle bearing Registration
No. BR 11AJ-9938
4. Learned counsel appearing on behalf of the
petitioners submitted that the petitioners are innocent and have
been falsely implicated in the case. They have no concern either
with the seized liquor or trade of liquor in any manner. No
recovery has been made from the conscious or physical
possession of the petitioners and their implication is only on the
basis that petitioner no. 1 is alleged to be the driver of the
motorcycle and petitioner no. 2 is the registered owner of the
vehicle bearing Registration No. BR 11AJ-9938. The petitioners
have clean antecedents. 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 no recovery has been made from
the conscious or physical possession of the petitioners and their
implication appears to be primarily on account of their alleged
connection with the motorcycle, one being the driver and the
Patna High Court CR. MISC. No.20441 of 2026(2) dt.08-04-2026
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other the registered owner. I am of the opinion that the
petitioners having clean antecedents have, prima facie, made out
a case to be released on pre-arrest bail
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on furnishing bail bond of Rs. 10,000/-
(Rupees Ten Thousand) each 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
Kochadhaman P.S. Case No. 48/2026, 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 petitioners and if it is found that
the petitioners are 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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