Patna High Court
Gobardhan KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner, being the registered owner of the seized motorcycle, could not be granted bail under the circumstances.
Summary
Gobardhan Kumar, a government teacher, applied for anticipatory bail after a motorcycle registered in his name was seized with 24 litres of illicit liquor, leading to a case under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged the liquor was recovered from the vehicle, which the petitioner had sold in 2019 to Dilip Paswan, but the registration was not updated due to the buyer’s negligence. The petitioner argued that no incriminating material was found in his possession, he had no involvement in the seizure, and he has a clean antecedent. The State opposed the bail, emphasizing that the petitioner remains the registered owner of the seized motorcycle. The Court considered the ownership link and the seriousness of the offence and consequently refused the anticipatory bail. The petition for bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted to a registered owner of a vehicle from which illicit liquor was seized, despite lack of personal possession of the contraband.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28648 of 2026
Arising Out of PS. Case No.-7 Year-2020 Thana- NTPC District- Patna
======================================================
Gobardhan Kumar S/O Sidhu Prasad Village - Chintamanchak, PS- Pandarak,
District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Suraj Kumar, Advocate
For the Opposite Party/s : Md. Iftekhar Mahmood, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 30-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in NTPC P. S. Case
No. 7 of 2020 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 24 liters illicit liquor was
recovered from the seized motorcycle of which this petitioner is
registered owner.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. As a matter of fact, petitioner is a
government teacher posted in Dhanbad, Jharkhand and has got
no concern with the alleged recovery. Petitioner had sold the
motorcycle in question in the year 2019 to co-accused Dilip
Paswan and requisite form for transfer of ownership of the
Patna High Court CR. MISC. No.28648 of 2026(2) dt.30-04-2026
2/2
motorcycle was dully filled and notarized but the name of owner
on Registration Certificate was not updated due to negligence
on part of the new owner. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the fact that petitioner is registered
owner of the seized motorcycle, prayer for anticipatory bail of
the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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