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Patna High Court

Govindar KumarversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The bail application is allowed.

Summary

The petitioner, Govindar Kumar, sought bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged recovery of 8.10 litres of illicit foreign liquor from his registered motorcycle. He contended that he was not present at the spot of seizure, that the liquor was not found in his conscious possession, and that he had no nexus with the contraband. The State opposed the bail, arguing the seriousness of the offence. The Court, after considering the facts and submissions, ordered that the petitioner be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The bail application was therefore allowed.

Issues considered

  • Whether bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the conditions prescribed in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 are applicable to the bail order.

Legislation cited

Subjects

  • bail
  • prohibition and excise
  • illicit liquor
  • motor vehicle
  • criminal procedure
  • Section 30
  • Section 482
  • West Champaran
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29164 of 2026
                   Arising Out of PS. Case No.-10 Year-2026 Thana- Jagdishpur District- West Champaran
                 ======================================================
                 Govindar Kumar S/O Panna Lal Chaudhary @ Pannalal Sahni R/O Village-
                 Parsauni ward no. 12, Police Station- Nautan, District- West Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Brij Kishor Mishra, Advocate
                 For the Opposite Party/s :        Mrs.Veena Kumari Jaiswal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE KHATIM REZA
                                       ORAL ORDER

2   07-05-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner apprehends arrest in connection with

                   Jagdishpur PS. Case No. 10 of 2026 dated 15.1.2026 instituted

                   under Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. The allegation is of recovery of 8.10 litres of illicit

                   foreign liquor from a Super Splendor motorcycle bearing Reg.

                   No. BR AD-4599, which belongs to the petitioner.

                                4.Learned counsel for the petitioner submits that the

                   petitioner is innocent and he has been falsely implicated in the

                   present case. It is submitted that the petitioner is the registered

                   owner of the motorcycle in-question and he was not

                   apprehended at the spot. Learned counsel further submits that no

                   illicit liquor has been recovered from the conscious possession
           Patna High Court CR. MISC. No.29164 of 2026(2) dt.07-05-2026
                                                       2/2




                     of the petitioner and the alleged recovery of illicit foreign liquor

                     was made from a motorcycle parked near Diulia Sonarpatti

                     Chowk. It is also submitted that the petitioner has no nexus

                     whatsoever        with the recovered illicit liquor. Lastly, it is

                     submitted that the petitioner has no criminal antecedents

                                  5. Learned APP has opposed the prayer for bail.

                                  6. Having considered the facts and circumstances of

                     the case and submissions of learned counsel for the parties, in

                     the event of arrest or surrender before the Court below within

                     six weeks from today, the petitioner be released on bail upon

                     furnishing bail bonds of Rs. 10,000/- (ten thousand) with two

                     sureties of the like amount each to the satisfaction of the learned

                     Special Judge (Excise) First, Bettiah West Champaran, in

                     Jagdishpur PS. Case No. 10 of 2026, subject to the conditions

                     laid down in Section 482(2) of the Bharatiya Nagarik Suraksha

                     Sanhita 2023.

                                  7. The application stands allowed.



                                                  (Khatim Reza, J)
shyambihari/-

U      T


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