Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.
Summary
Vikash Kumar, the registered owner of a motorcycle from which 19 litres of liquor was seized, sought anticipatory bail after an FIR under Section 30(a) of the Bihar Prohibition & Excise (Amendment) Act, 2022 implicated a third party, Dablu Kumar, for using his vehicle. The petitioner argued that there was no direct allegation against him, no possession of liquor, and he had no criminal antecedent. The State opposed the bail, relying on the FIR allegations. The Court examined whether the petitioner’s mere ownership of the vehicle sufficed for arrest and concluded that anticipatory bail was appropriate. Accordingly, the Court ordered his release on bail upon furnishing a 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 Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail can be granted when the accused is only the registered owner of a vehicle from which contraband was seized, without direct involvement in the alleged offence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition Act
- liquor seizure
- vehicle ownership
- Cr.P.C. Section 438
- BNSS Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25932 of 2026
Arising Out of PS. Case No.-941 Year-2022 Thana- MANER District- Patna
======================================================
Vikash Kumar S/o Ram Naresh Prasad @ Naresh Saw R/o - Maner Bazar, P.S
- Maner, District - Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rajiv Ranjan currently posted as SHO at Maner Police Station, Maner, Patna
Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Helal Ahmad, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered for the offences punishable under Section 30(a) of the
Bihar Prohibition & Excise (Amendment) Act, 2022.
3. The allegation in the First Information Report is
that 19 litres of liquor has been recovered from a motorcycle.
4. Learned counsel for the petitioner submits that the
name of the petitioner transpired on account of the fact that he is
the registered owner of the said vehicle. There is no direct or
specific allegation against the petitioner or either selling,
indulging, assisting or consuming of the said liquor. The specific
Patna High Court CR. MISC. No.25932 of 2026(2) dt.24-04-2026
2/2
allegation is made against one Dablu Kumar who has taken the
petitioner’s motorcycle. There is no recovery from personal or
conscious possession of the petitioner. The petitioner has no
criminal antecedent.
5. Learned APP for the State opposed the prayer for
anticipatory bail on the basis of allegations made in the First
Information Report.
6. Taking into consideration the facts and
circumstances of the case, let the above named petitioner, be
released on bail, in the event of his arrest or surrender before the
learned Court below within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned Court below where the case is pending/successor
Court in connection with Maner P.S. Case No. 941 of 2022,
subject to the condition as laid down under Section 438 (2) of
the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita (BNSS), 2023.
(Soni Shrivastava, J)
anand/-
U T
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