Patna High Court
Ashok Kumar @ Aashok KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court held that mere ownership of the vehicle without knowledge or participation in the alleged offence does not preclude the grant of anticipatory bail, and therefore granted bail.
Summary
Ashok Kumar, the registered owner of a motorcycle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for allegedly transporting illegal Mahua liquor. The police recovered nine litres of liquor from the bike during a raid, and a local chowkidar identified the petitioner as the fleeing individual. The petitioner contended that the bike was borrowed by a friend who fled, and that he had no knowledge of the contraband and no prior criminal record. The court examined whether ownership alone could constitute culpability and considered the petitioner’s lack of antecedent and claim of false implication. Finding that the petitioner was merely the vehicle owner without participation or knowledge, the court granted anticipatory bail. The bail was conditioned on a bond of Rs. 10,000 with two sureties and compliance with Section 438(2) CrPC and Section 482(2) of the BNSS, 2023.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in the context of alleged offences under the Bihar Prohibition and Excise Act
- Whether mere ownership of the vehicle used in the alleged offence suffices to deny bail
- Whether the petitioner’s lack of criminal antecedent and claim of false implication justify granting bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- Bihar Prohibition and Excise Act, 2023 (BNSS) — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illegal liquor
- vehicle ownership
- Section 438 CrPC
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29362 of 2026
Arising Out of PS. Case No.-26 Year-2026 Thana- NATWAR District- Rohtas
======================================================
Ashok Kumar @ Aashok Kumar S/O Bhagwan Chaudhary R/O Vill.-
Karahansi Tola (Bisunpura or Bishunpur), P.s.- Natwar,Dist.- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Babu Nandan Prasad
For the Opposite Party/s : Mr. Veena Kumari Jaiswal
======================================================
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 Natwar Police Station Case No. 26 of 2026, disclosing
offences under Sections 30(a) of the Bihar Prohibition
and Excise Act.
3. The prosecution case, in short, is that during patrolling
duty the police received secret information regarding
transportation of illegal liquor on a motorcycle. During
raid near Krishna Mandir, the accused allegedly
abandoned the motorcycle and fled away on seeing the
police. The local Chowkidar identified the fleeing person
as the present petitioner. Upon search of the motorcycle
bearing registration no. BR-24J-3866, 9 litres of illicit
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country-made Mahua liquor was allegedly recovered,
after which the present case was instituted.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in the present case
only because he happens to be the registered owner of the
said motorcycle. He next submits that the motorcycle,
from where illicit liquor has been recovered, was
borrowed by his friend, who succeeded in fleeing away
from the place of occurrence and the petitioner had no
knowledge about the 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 only because he
happens to be the registered owner of the motorcycle,
which was being driven by his friend at the time of
occurrence 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
Patna High Court CR. MISC. No.29362 of 2026(2) dt.07-05-2026
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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 Exclusive Special
Judge, Excise-II, Sasaram, Rohtas, in connection with
Natwar Police Station Case No. 26 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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