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Patna High Court

Vipin PanditversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

Bail is granted to the petitioner subject to a bond of Rs.5,000 and two sureties of equal amount.

Summary

The petitioner, Vipin Pandit, was arrested in connection with the seizure of 440.9 liters of liquor from a pickup van, alleged to be a "magic" vehicle, under Sections 30(a) and 41(1) of the Bihar Excise Act. He contended that he was not present at the spot, had no liquor in his possession, and was unaware that his driver misused the vehicle, which led to his implication solely as the owner. He had been in custody since 19 December 2025 and sought bail. The State opposed the bail application. The Court, after considering the submissions, ordered the petitioner’s release on bail upon furnishing a bond of Rs.5,000 with two sureties of the same amount, to be satisfied before the trial court where the case is pending.

Issues considered

  • Whether bail should be granted to the accused under Sections 30(a) and 41(1) of the Bihar Excise Act given the circumstances of vehicle ownership and alleged misuse by a driver.
  • Whether the petitioner’s custody since 19‑12‑2025 justifies the grant of bail.

Subjects

  • bail
  • excise law
  • seizure of liquor
  • vehicle ownership
  • criminal procedure
  • Bihar Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29531 of 2026
                   Arising Out of PS. Case No.-36 Year-2019 Thana- SAMASTIPUR District- Samastipur
                 ======================================================
                 Vipin Pandit S/o Ram Chandra Pandit R/o vill - Mahato Daludih, P.s.-
                 Rajganj, Distt.- Dhanbad, Jharkhand

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ajay Kumar, Advocate
                 For the Opposite Party/s :      Mr. Rabindra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   04-05-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State, Mr. Rabindra Kumar.

                                2. The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 30(a) and 41(1) of the Bihar

                   Excise Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner has antecedent of one case under the Excise Act and

                   allegation is of recovery of 440.900 liters of liquor from a magic

                   pick up van.

                                4. Learned    counsel for the petitioner submits that

                   petitioner was not apprehended from the spot as such nothing

                   was recovered from his conscious possession and he came to be

                   implicated based on the fact that he is owner of the seized

                   vehicle. It is next submitted that no prudent person would use
            Patna High Court CR. MISC. No.29531 of 2026(2) dt.04-05-2026
                                                        2/2




                      his own vehicle for committing an occurrence and thus would

                      create evidence against himself and hence would get implicated,

                      it is further submitted that petitioner was completely unaware

                      that his driver would misuse the vehicle in the manner as

                      alleged who also fled from the spot. It is also submitted that

                      petitioner is in custody since 19.12.2025.

                                   5. Learned A.P.P. for the State opposes the bail

                      application of the petitioner.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner, the petitioner above-named, is

                      directed to be released on bail on furnishing bail bonds of Rs.

                      5000/- (Rupees Five Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned Trial Court where

                      the case is pending/successor court in connection with

                      Samastipur Town P.S. Case No. 36 of 2019.



                                                        (Satyavrat Verma, J)
Rishabh/-

U      T


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