Patna High Court
Sunil PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
Bail was granted to the petitioner subject to a bond and conditions under the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioner, Sunil Prasad, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 for allegedly transporting 21.7 litres of illicit liquor in a motorcycle registered in his name. He contended that he had handed over the vehicle to another person, was unaware of any liquor being carried, and possessed a clean criminal record. The State opposed bail, arguing the seriousness of the offence. The High Court considered the petitioner’s lack of prior convictions and the fact that the alleged contravention stemmed only from vehicle registration, not actual possession. Accordingly, the Court ordered his release on bail upon furnishing a bond of ₹30,000 under Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, subject to conditions under Section 482(2) of the same Act.
Issues considered
- Whether bail should be granted to the petitioner under the Bharatiya Nagrik Suraksha Sanhita, 2023 in view of the alleged offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the registration of the vehicle in the petitioner’s name alone justifies denial of bail.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 2(1)(d), 482(2)
Subjects
- bail
- excise offence
- illicit liquor
- vehicle registration
- clean antecedent
- Bihar Prohibition and Excise Act
- Bharatiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24980 of 2026
Arising Out of PS. Case No.-13 Year-2021 Thana- Excise P.S. District- Gaya
======================================================
Sunil Prasad S/O Late Arjun Ram R/O Vill.- Fatehganj Tekari Road, P.s-
Kotwali, District - Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nafisu Zzoha, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 29-04-2026 Heard learned Counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Gaya Excise P.S. Case No. 13 of 2021 registered on
10.01.2021 for the offences punishable under Section 30(a) of
the Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution, total recovery of 21.7 liters
illicit liquor, loaded on a motorcycle, is the subject matter of the
present case.
4. It is submitted by the learned counsel for the
petitioner that the petitioner is innocent and has committed no
offence. It is contended that no recovery has been made from
the conscious possession of the petitioner; rather, his implication
in the present case is solely on the ground that the alleged
Patna High Court CR. MISC. No.24980 of 2026(2) dt.29-04-2026
2/2
recovery was effected from a vehicle registered in his name. It is
further submitted that the petitioner had handed over the said
motorcycle to another person and was not aware of any
transportation of illicit liquor using the said vehicle. It is also
submitted that the petitioner has a clean criminal antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that the antecedent of the
petitioner is clean.
6. In the facts and circumstances, let the above named
petitioner be released on bail, in the event of arrest or surrender
before the Trial Court within a period of four weeks from today,
on furnishing bail bond of ₹30000/- (thirty thousand) as
mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha
Sanhita, 2023 to the satisfaction of the Exclusive Special Judge,
Excise-III, Gaya, in connection with the aforementioned case,
subject to the conditions as laid down under Section 482(2) of
the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J)
Ashwini/-
U T
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