Patna High Court
Dipu Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Dipu Kumar Singh, the registered owner of a motorcycle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 for allegedly transporting illicit liquor. The police recovered 6.75 litres of liquor from the motorcycle after a chase. The petitioner contended that he was innocent, asserting that a co‑villager had borrowed the bike without his knowledge of any illegal activity and that he had no prior criminal record. The court considered that the accusation was based solely on ownership of the vehicle and that the petitioner had no antecedents. Accordingly, the court granted anticipatory bail, directing release upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted when the accused is merely the registered owner of the vehicle used in the alleged offence and has no criminal antecedent.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- motorcycle ownership
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24272 of 2026
Arising Out of PS. Case No.-17 Year-2026 Thana- Sinha District- Bhojpur
======================================================
Dipu Kumar Singh Son of Uma Shankar Singh Resident of Village - Baradih,
P.S.- Agiaon (G), Dist.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Pushp Raj Singh
For the Opposite Party/s : Mr.Ahmad Ali
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 22-04-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sinha Police Station Case No. 17 of 2026, dated
09.03.2026, disclosing offence under Section 30 (a) of the
Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, on secret information that one person is
coming on a motorcycle towards Mahuli Ghat, carrying
illicit liquor in a white bag, started vehicle check, and saw
a person coming on a black motorcycle and on seeing the
police, that person turned around and started fleeing
away, however the police arrested him and on search, the
police recovered 6.75 litres of illicit liquor kept in a white
Patna High Court CR. MISC. No.24272 of 2026(2) dt.22-04-2026
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bag on the motorcycle.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case merely because he happens to be the registered
owner of the motorcycle in question. He further submits
that one co-villager had borrowed the motorcycle of the
petitioner for urgent work and he was not aware that he
would transport illicit liquor on the motorcycle. He
further submits that it is the case of the prosecution that
only one person was present on the motorcycle, who was
later on arrested by the police.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the petitioner has been made accused in this case
merely because he happens to be the registered owner of
the motorcycle in question and the petitioner has got no
criminal antecedent, I am inclined to grant the petitioner
privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
released on bail on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.24272 of 2026(2) dt.22-04-2026
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(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court No. I, Bhojpur, at Ara, in connection with Sinha
Police Station Case No. 17 of 2026, subject to the
condition laid down under Section 482 (2) of the
Bharatiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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