Patna High Court
Bhup Singh Jadon @ Bhup Singh JadoenversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding that mere ownership of the vehicle did not constitute sufficient grounds for arrest.
Summary
The petitioner, Bhup Singh Jadon, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly possessing 54.2 litres of illicit foreign liquor recovered from a vehicle registered in his name. He contended that the vehicle was borrowed by his wife's maternal uncle for a marriage ceremony and that he had no knowledge of the liquor. The prosecution argued that the liquor was found in the vehicle and the co‑accused’s house. The court examined whether ownership alone sufficed to make the petitioner liable and whether anticipatory bail was appropriate. Considering the petitioner’s lack of criminal antecedents and the circumstances of the vehicle’s use, the court granted anticipatory bail under Section 438(2) of the CrPC.
Issues considered
- Whether the registered owner of a vehicle from which illicit liquor is recovered can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Code of Criminal Procedure.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Section 30 Bihar Prohibition and Excise Act
- Section 438 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29273 of 2026
Arising Out of PS. Case No.-236 Year-2022 Thana- ITARHI District- Buxar
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Bhup Singh Jadon @ Bhup Singh Jadoen S/o Puran Singh Jadon @ Puran
Singh Jadoen R/o Village - 12, Kisan Colony ,Malpura Gate,W no. 23, behind
Police Chauki, P.S. - Sanganer, District -Jaipur (Rajasthan)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar
For the Opposite Party/s : Mr. Nirmal Kumar Sinha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 06-05-2026 1. Heard learned Counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Itarhi Police Station Case No. 236 of 2022, dated
06.08.2022, disclosing offences under Sections 30(a) of
the Bihar Prohibition and Excise Act.
3. That the prosecution case, in brief, is that on 05.08.2022
while on patrolling duty the police on the basis of secret
information reached at village Lodhas. On seeing police
party, two persons started fleeing away, on chase, one
person, namely, Nemnath Singh, was apprehended while
another person managed to flee away. Upon search of the
Swift Dezire car, bearing registration no. RJ14-TE-5110,
Patna High Court CR. MISC. No.29273 of 2026(2) dt.06-05-2026
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as well as the house of the co-accused, total 54.2 litres of
illicit foreign liquor.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
merely because he happens to be the registered owner of
the said vehicle. He next submits that the vehicle, from
where illicit liquor has been recovered, was borrowed by
Nem Nath Singh, who is maternal uncle of petitioner’s
wife, for the purpose of his daughter’s marriage. He
further submits that the petitioner had no knowledge
about illicit liquor being kept therein. The petitioner has
got no criminal antecedent.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that the
petitioner has been made accused merely because he
happens to be the registered owner of the motorcycle,
which was borrowed by his relative for his daughter’s
marriage, I am inclined to grant the petitioner privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest
or surrender before the Court below within four weeks, be
Patna High Court CR. MISC. No.29273 of 2026(2) dt.06-05-2026
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released on bail on furnishing bail bond of Rs. 10,000/-
(Ten Thousand) each with two sureties of the like amount
each to the satisfaction of learned Special Excise Court-I,
Buxar, in connection with Itarhi Police Station Case No.
236 of 2022, subject to the condition laid down under
Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
ashwani/-
U T
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