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Patna High Court

Soumabir BoseversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

Bail was granted to the petitioner subject to bond and surety conditions.

Summary

Soumabir Bose, the registered owner of a vehicle from which 28.5 liters of illicit liquor was seized, sought bail after the State of Bihar charged him under Sections 30(a), 32, 41 and 47 of the Bihar Prohibition and Excise Act. The petitioner argued that he had already sold the vehicle to Md. Mustafa, that the transfer was not completed, and that he was not present at the time of seizure, asserting no criminal antecedent and willingness to cooperate. The State opposed the bail application. The Court, after considering the facts and submissions, granted bail subject to a bond of Rs. 10,000 with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, to be surrendered within six weeks if arrested.

Issues considered

  • Whether bail should be granted to the petitioner pending trial under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the charges under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s ownership of the vehicle, despite an alleged sale, makes him liable for the alleged illicit liquor.

Legislation cited

Subjects

  • bail
  • illicit liquor
  • vehicle ownership
  • Bihar Prohibition and Excise Act
  • Section 482
  • Bharatiya Nagarik Suraksha Sanhita
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20508 of 2026
                 Arising Out of PS. Case No.-217 Year-2023 Thana- KOCHADHAMAN District- Kishanganj
                 ======================================================
                 Soumabir Bose S/o Shaktibrata Bose R/o- 86/1B, Golf Club Road,
                 Tollygunge, P.O.- Tollygunge, P.S.- Tollygunge, District- Kolkata, West
                 Bengal- 700033
                                                                         ... ... Petitioner/s
                                                 Versus
                 The State of Bihar                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Anshul Aaryan, Advocate
                 For the Opposite Party/s :      Ms. Suman Kumari Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER
4   11-05-2026                           Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                     2. The petitioner apprehends arrest in a case

                   registered under Sections 30(a), 32, 41 and 47 of Bihar

                   Prohibition and Excise Act.

                                     3. As per prosecution case, 28.500 liters illicit

                   liquor was recovered from a Car bearing Reg. No. WB06-D-

                   9994 of which petitioner is registered owner.

                                     4. Learned counsel appearing on behalf of the

                   petitioner submits that petitioner is innocent and has falsely

                   been implicated in the present case. Although, the petitioner was

                   second owner of the seized vehicle but he had already sold the

                   same to one Md. Mustafa who has not completed the transfer

                   formality. Petitioner was not present on the spot and he has no

                   concern with the alleged seized liquor and vehicle. Nothing has
              Patna High Court CR. MISC. No.20508 of 2026(4) dt.11-05-2026
                                                          2/2




                        been recovered from the conscious possession of the petitioner.

                        Except the fact that in the Transport Authority records, the

                        seized vehicle is reflected in the name of the petitioner, there is

                        nothing material against the petitioner. Petitioner has got no

                        criminal antecedent and he undertakes to cooperate in the

                        investigation and trial.

                                     5. Learned A.P.P. for the State opposed the prayer for

                        bail.

                                     6. Considering the aforesaid facts and circumstances

                        of the case and submissions of learned counsel for the parties,

                        let the above named petitioner be released on bail, in the event

                        of arrest or surrender before the Court concerned within a period

                        of six weeks 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 Exclusive Special Judge

                        (Excise-I), Kishanganj/concerned Court, in connection with

                        Kochadhaman P.S. Case No. 217 of 2023, subject to the

                        conditions as laid down under Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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