Patna High Court
Bhim Kumar (Driver)versusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In the absence of any incriminating material against the petitioner and given his clean antecedents, the court held that anticipatory bail under Section 482(2) is warranted.
Summary
The petitioner, Bhim Kumar, was implicated in a case involving the seizure of 567 litres of illicit liquor from a vehicle, alleged under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Act. He contended that no incriminating material was found on his person, he was neither the driver nor the owner of the vehicle, and his accusation rested solely on the confessional statement of co‑accused Ajay Bind. The State opposed his anticipatory bail application. The court examined the facts, noted the petitioner’s clean antecedents and lack of direct evidence, and considered the provisions of Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Accordingly, the court granted anticipatory bail, subject to a bail‑bond of Rs.10,000 with two sureties and the condition that he surrender within eight weeks if arrested. The order directs the Exclusive Special Judge, Excise Court‑II, Kaimur to enlarge bail upon compliance with the stipulated conditions.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite being named based on a co‑accused’s confessional statement.
- Whether the absence of incriminating material on the petitioner and his clean antecedents justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(i)(iii), 41(i)(ii)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- confessional statement
- clean antecedent
- Section 482(2)
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28477 of 2026
Arising Out of PS. Case No.-120 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Bhim Kumar (Driver) S/o Nandlal Bind R/o Village - Sahbajpur, P.S - Chand,
District - Kaimur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saumya, Advocate
For the Opposite Party/s : Mr. Raj Kishor Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 30(a), 32(i)(iii), 41(i)(ii)
of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 567 litres illicit liquor was
recovered from the seized Bolero vehicle.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither driver nor
owner of the vehicle in question and he has been made accused
merely on the confessional statement of co-accused Ajay Bind.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposed the bail
application.
Patna High Court CR. MISC. No.28477 of 2026(2) dt.04-05-2026
2/2
6. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioner in the event of his
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Exclusive Special Judge,
Excise Court-II, Kaimur at Bhabua in connection with
Prohibition and Excise, Kaimur P. S. Case No. 120 of 2026,
subject to condition as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/-
U T
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