Patna High Court
Kunal Agarwala @ Kunal AgrawalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail is warranted as the petitioner was not in control of the seized vehicle and there was no evidence of his participation in the alleged offence, rendering Section 32(3) inapplicable to him.
Summary
The petitioner, a partner of M/S Global Motocorp LLP, sought anticipatory bail in connection with an excise case (Excise P.S. Case No. 309 of 2022) where half a litre of illicit foreign liquor was recovered from a vehicle seized during a check. The prosecution alleged offences under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, asserting the vehicle was involved in the contravention. The petitioner contended that he was not the owner, was not present, and the vehicle was being used as a test‑drive car under the dealership, thus not under his control, and that the seized persons did not implicate him. The court examined whether Section 32(3) could be applied to a person not in control of the vehicle and whether anticipatory bail was appropriate under Section 438(2) of the CrPC. Finding no evidence of the petitioner's complicity and noting his clean record, the court granted anticipatory bail subject to bond and surety conditions. The application was allowed.
Issues considered
- Whether Section 32(3) of the Bihar Prohibition and Excise Act applies to a person who does not own or control the seized vehicle.
- Whether anticipatory bail can be granted under Section 438(2) of the Code of Criminal Procedure in the present circumstances.
Legislation cited
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- vehicle seizure
- control of property
- Criminal Procedure Code
- section 32(3) applicability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23550 of 2026
Arising Out of PS. Case No.-309 Year-2022 Thana- Excise P.S. District- Kishanganj
======================================================
Kunal Agarwala @ Kunal Agrawal S/o Late Navin Chandra Agrawal Resident
of - Ballygunge Park, Kolkata, West Bengal - 700019 one of the partner of
M/S Global Motocorp LLP, 41/A, AJC Bose Road, Diamond Prestige,
Kolkata - 700017, State - West Bengal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Pd. Singh, Sr. Advocate
Mr. Varun Krishna Singh, Advocate
Mr. Venkatesh Kaushik, Advocate
Mr. Rajeev Kumar, Advocate
For the Opposite Party/s : Mr. Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 22-04-2026 Heard learned senior counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in a case in
connection with Excise P.S. Case No. 309 of 2022 dated
19.11.2022 registered for the offences punishable under
Sections 30(a), 32(3) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, during course of
vehicle checking two persons were apprehended in a car and
altogether half litre of illicit foreign liquor was recovered from
their possession.
4. Learned senior counsel for the petitioner has
Patna High Court CR. MISC. No.23550 of 2026(2) dt.22-04-2026
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submitted that petitioner is not the owner of the seized vehicle
in a personal capacity and actually he is one of the partners of
M/S Global Motocorp Limited and authorized dealer of SKODA
vehicle and the seized vehicle in question was actually a vehicle
for test drive. Petitioner was not present at the place of alleged
seizure. It has further been submitted that the vehicle was not
under the control of the petitioner at the time of the seizure and
Section 32(3) of Bihar Prohibition and Excise Act would not be
applicable against the petitioner. It has further been submitted
that the arrested persons have not disclosed anything against the
petitioner, so as to show his complicity in the alleged seizure.
The petitioner has got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
case, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Kishanganj in connection with Excise P.S. Case No. 309 of
2022, subject to conditions as laid down under Section 438(2) of
Patna High Court CR. MISC. No.23550 of 2026(2) dt.22-04-2026
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the Code of Criminal Procedure.
7. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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