Patna High Court
Soumabir BoseversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41, 47
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/-
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