Patna High Court
J.P. Kumar @ Nithish KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, finding insufficient grounds for his arrest under the cited provisions.
Summary
The petitioner, J.P. Kumar, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 for allegedly transporting foreign liquor in a motorcycle that was seized by police. The co-accused Sanjit Kumar was arrested, while the petitioner allegedly fled and was named by the co-accused. The petitioner argued that he does not own the motorcycle, had no possession of the liquor, and has a clean criminal record. The court considered these submissions and the lack of direct evidence linking the petitioner to the contraband. Finding no ownership or possession and noting the petitioner’s clean antecedent, the court granted anticipatory bail, directing release upon furnishing a bail bond and sureties, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
- Whether the petitioner can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018 based solely on the co-accused’s statement.
- Whether lack of ownership of the vehicle and clean antecedent justify anticipatory bail.
Legislation cited
- Bihar Narcotic and Smuggling (BNSS) Act, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2018 — s. 30(a)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 30(a)
- Bihar Prohibition and Excise Act
- foreign liquor
- ownership of vehicle
- clean antecedent
- Section 438 CrPC
- Section 482 BNSS
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29359 of 2026
Arising Out of PS. Case No.-16 Year-2026 Thana- NARAINPUR District- Bhojpur
======================================================
J.P. Kumar @ Nithish Kumar S/O Sudarshan Thakur @ But Thakur R/O
Village- Ekwari, P.S.- Sahar, Distt.- Bhojpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anil Kumar Singh
For the Opposite Party/s : Mr. Suresh Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 07-05-2026 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
Narayanpur Police Station Case No. 16 of 2026,
disclosing offence under Section 30(a) of the Bihar
Prohibition and Excise Act, 2018.
3. The prosecution case, in brief, is that on 25.02.2026,
during vehicle checking near Ara-Sahar Main Road,
Narayanpur, Police allegedly intercepted a Hero
Splendour motorcycle carrying foreign liquor. One
accused, namely Sanjit Kumar, was apprehended on the
spot, while the other accused, identified as the present
petitioner, allegedly fled away. Upon search, 13.14 litres
of Royal Stag foreign liquor meant for sale in Punjab only
Patna High Court CR. MISC. No.29359 of 2026(2) dt.07-05-2026
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was recovered from the motorcycle.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
due to oblique motive. He next submits that the
motorcycle, in question, does not belong to the petitioner
and illicit liquor has not been recovered from the
conscious possession of the petitioner. Petitioner has been
made accused merely on the basis of disclosure of his
name made by the arrested co-accused. Petitioner is
having clean antecedent.
5. Regards being had to the submission advanced by learned
counsel for the parties and taking into consideration the
fact that the petitioner is not the owner of the motorcycle,
from where illicit liquor has been recovered and petitioner
is having no criminal antecedent, 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
released on bail on furnishing bail bond of Rs. 10,000/-
(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Patna High Court CR. MISC. No.29359 of 2026(2) dt.07-05-2026
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Court No. 1st, Bhojpur at Ara, in connection with
Narayanpur Police Station Case No. 16 of 2026, subject
to the condition laid down under Section 438 (2) of the
Code of Criminal Procedure/Section 482(2) of the BNSS,
2023.
(Anil Kumar Sinha, J)
HarshPandey/-
U T
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