Patna High Court
Arun kumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioner is entitled to anticipatory bail as the allegations do not demonstrate a likelihood of absconding or tampering with evidence, and his lack of knowledge of the contraband warrants bail, subject to prescribed conditions.
Summary
The petitioner, Arun Kumar, sought anticipatory bail fearing arrest in a case (Rampurhari P.S. Case No. 190 of 2025) involving alleged offences under Sections 30(a), 32(ii) and 41(i) of the Bihar Prohibition and Excise Act for transporting foreign liquor in a CNG tempo. The prosecution alleged that two CNG tempos loaded with illicit liquor were intercepted, resulting in seizure of 506.880 litres and the escape of several persons. The petitioner contended he owned one of the tempos but had no knowledge of the contraband and possessed a clean record. The State opposed the bail. The High Court, after considering the facts, allowed the anticipatory bail application, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties and to deposit Rs.25,000 with a charitable institution, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail can be granted under Section 438 CrPC to a person alleged to be involved in offences under the Bihar Prohibition and Excise Act.
- Whether the petitioner’s lack of knowledge of the contraband and clean antecedents justify the grant of bail.
- Whether the conditions imposed by the court are lawful and within the scope of Section 438(2) CrPC and Section 482 BNSS.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(ii), 41(i)
- BNSS — s. 482
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- prohibition law
- illicit liquor
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24608 of 2026
Arising Out of PS. Case No.-190 Year-2025 Thana- RAMPUR HARI District- Muzaffarpur
======================================================
Arun kumar Son of Kamal Prasad Kushwaha @ Kamal Bhagat Resident of
village - Kalyanpur Harauna Mursandi, ps- Motipur, Dist- Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sagar Kumar, Advocate
For the Opposite Party/s : Ms.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Rampurhari P.S. Case No. 190 of 2025
registered for the offence under Sections 30(a), 32(ii) and
41(i) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, two CNG
Tempos loaded with foreign liquor were intercepted near
Jhapha-Minapur Road by the police. Upon seeing the
police, 3-4 persons fled, one was caught and 506.880 litres
of illicit foreign liquor was seized.
4. It has been submitted by the learned counsel
for the petitioner that the petitioner is innocent and he has
falsely been implicated in this case. It is next submitted that
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petitioner is the owner of one of the CNG tempo and has no
knowledge about the alleged contraband loaded in his
tempo. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this
application is allowed.
7. Let the petitioner, above named, in the event
of his arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with
two sureties of the like amount each to the satisfaction of
the learned Exclusive Special Judge, Excise II, Muzaffarpur
/ concerned Court below in connection with Rampurhari
P.S. Case No. 190 of 2025, subject to the conditions laid
down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs. 25,000/- in
Ramkrishna Mission Ashrama, Bela, Muzaffarpur and
produce the receipt of the same before the Court below. The
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bail bonds of the petitioner shall be accepted after verifying
the genuineness of the receipt produced by the petitioner.
(Sandeep Kumar, J)
tusharika/-
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