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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that anticipatory bail is warranted, given the petitioner's clean antecedent and absence of incriminating material, subject to the conditions prescribed under Section 482(2) of the B.N.S.S., 2023.

Summary

Petitioner Raj Kumar, owner of a vehicle from which 82 litres of foreign liquor was seized, applied for anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from his vehicle and the driver fled the scene. The petitioner contended he was not present, had no possession of the liquor, and possessed a clean antecedent, offering to cooperate with the investigation. The State opposed the bail. Considering the facts, the clean record, and lack of incriminating material in the petitioner's possession, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the B.N.S.S., 2023, to be effected if he is arrested or surrenders within six weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the B.N.S.S., 2023 in view of the allegations under the Bihar Prohibition and Excise Act.
  • Whether the petitioner’s ownership of the vehicle and alleged involvement constitute a sufficient ground to deny bail.

Legislation cited

Subjects

  • anticipatory bail
  • excise law
  • foreign liquor seizure
  • vehicle ownership
  • clean antecedent
  • Section 30
  • Section 32
  • Section 482
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24024 of 2026
                     Arising Out of PS. Case No.-52 Year-2026 Thana- Excise P.S. District- Muzaffarpur
                 ======================================================
                 Raj Kumar S/o Yugfal Kishor Sah Resident of Village- Madhopur, Sultanpur,
                 P.S.- Runnisaidpur, District- Sitamarhi.
                                                                            ... ... Petitioner/s
                                                     Versus
                 The State of Bihar.                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Ms. Nitu Kumari, Advocate.
                 For the Opposite Party/s :         Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   17-04-2026                  1. Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends arrest in connection with

                   Muzaffarpur Excise (Utpad) P.S. Case No.52 of 2026 registered

                   under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, 82 liters of foreign

                   liquor was recovered from a Bolero pick up van bearing

                   Registration No. BR06-GF-7130. It is alleged that driver of the

                   said vehicle managed to flee away from the spot.

                                4. Learned counsel for the petitioner submits that

                   petitioner is innocent and has falsely been implicated in this

                   case due to being the owner of the vehicle in question. He

                   further submits that petitioner has no concern with the alleged

                   seized liquor and the vehicle in question from where recovery

                   has been made was driven by the driver, namely, Prem Kumar.
              Patna High Court CR. MISC. No.24024 of 2026(2) dt.17-04-2026
                                                          2/2




                        Learned counsel submits that petitioner was not present on the

                        spot and no incriminating material has been recovered from his

                        conscious possession. He further submits that petitioner has got

                        clean antecedent and he undertakes to cooperate in the

                        investigation and trial of the case.

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

                        anticipatory bail.

                                     6. Considering the facts and circumstances of the

                        case, submissions of learned counsel for the parties and the

                        nature of allegation leveled against the petitioner as well as his

                        clean antecedent, in the event of arrest or surrender before the

                        Court below within six weeks from today, the petitioner be

                        released on bail upon furnishing bail bond of Rs.10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned Exclusive Special Judge,

                        Excise     Court      No.II,     Muzaffarpur/        concerned   Court   in

                        connection with Muzaffarpur Excise (Utpad) P.S. Case No.52 of

                        2026, subject to the conditions as laid down under Section

                        482(2) of the B.N.S.S., 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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