Patna High Court
Surendra Kumar @ SurendraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court held that the petitioner is entitled to pre‑arrest bail, subject to bond and surety conditions, as he is not alleged to have participated in the offence and has already transferred ownership of the vehicle.
Summary
The petitioner, Surendra Kumar, applied for pre‑arrest bail in a case (Thakraha P.S. Case No. 74 of 2023) involving alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, where police seized 16.4 litres of illicit liquor from a motorcycle. He contended that he was merely the registered owner of the vehicle, having sold it to a person named Mustafa on 5 February 2022, and was not involved in the sale or consumption of the liquor. The State opposed the bail, arguing the seriousness of the offence. Justice Purnendu Singh, after considering the submissions, ordered that the petitioner be released on pre‑arrest bail if arrested or surrendered within four weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The order also directed the district court to verify the petitioner’s criminal antecedents, with the bail order to lapse automatically if any involvement in other cases is discovered.
Issues considered
- What is the applicability of pre‑arrest bail under Section 438(2) Cr.P.C. and Section 482(2) BNSS to a person who is only the registered owner of a vehicle used in a liquor seizure?
- Whether the petitioner’s prior sale of the vehicle absolves him from liability under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- BNSS — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- motor vehicle ownership
- illicit liquor seizure
- bail conditions
- criminal antecedent verification
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25358 of 2026
Arising Out of PS. Case No.-74 Year-2023 Thana- THAKRAHA District- West Champaran
======================================================
Surendra Kumar @ Surendra S/O Vineshwari @ Bindeshwari Kushwaha R/O
Gauri Ibrahim, P.S- Seorahi, Distt.- Kushinagar (Utter Pradesh).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Milind Kumar Mishra, Advocae
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 22-04-2026 Heard Mr. Milind Kumar Mishra, learned counsel
appearing on behalf of the petitioner and Mr. Mritunjay Kumar
Nirala, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Thakraha P.S.Case No.74 of 2023, registered for the
offences punishable under Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per the allegation made in the FIR, the police
seized 16.400 ltrs. of country-made liquor from a motorcycle.
4. The learned counsel appearing on behalf of the
petitioner submitted that the petitioner is not involved in either
sale or consumption of the liquor. He is the registered owner of
the vehicle but has already sold the said motorcycle to one
Mustafa on 05.02.2022.
5. Learned APP for the State vehemently opposed the
Patna High Court CR. MISC. No.25358 of 2026(2) dt.22-04-2026
2/2
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions of the parties,
as well as, considering the fact that the petitioner is the
registered owner of the vehicle but he has already sold the same
to one Musfata on 05.02.2022, the petitioner is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the district court within a period of four weeks from
today, on furnishing bail bond of Rs.10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
learned district court where the case is pending in connection
with Thakraha P.S.Case No.74 of 2023, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./Section 482(2)
of BNSS.
7. The learned district court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases as what has been
stated in paragraph No.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
chn/-
U T
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