Patna High Court
Birbal ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The Court granted bail to the petitioner, finding no material evidence establishing his involvement in the alleged offence.
Summary
The petitioner, Birbal Chauhan, was implicated in a case (Gopalpur PS Case No. 295 of 2024) for alleged transportation of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 read with Section 32(3) of the Bihar Prohibition and Excise Act, 2016. The prosecution’s case was based on the recovery of 44.8 litres of country‑made liquor from a sack tied to a motorcycle, which the petitioner owned, while the co‑accused Guddu Kumar was apprehended riding the vehicle. The petitioner contended that he had lent the motorcycle in good faith to a villager who misused it, that he was not named by the co‑accused, and that there was no evidence of his conscious possession or participation in the offence. The State opposed the bail application. The Court, noting the absence of material linking the petitioner to the contravention and the possibility of false accusation, ordered his release on bail subject to conditions under Section 482(2) of the B.N.S.S. and a bail bond of Rs 10,000 with two sureties.
Issues considered
- Whether the owner of a vehicle used by a co‑accused can be held liable for transportation of illicit liquor under the Bihar Prohibition and Excise statutes.
- Whether bail should be granted in the absence of evidence of conscious possession or participation in the alleged offence.
Legislation cited
- Bihar Prohibition and Excise Act, 2016 — s. 32(3)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
- B.N.S.S. (Bihar Negotiable Sale and Settlement) Act — s. 482(2)
Subjects
- bail
- prohibition law
- excise
- illicit liquor
- false accusation
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30201 of 2026
Arising Out of PS. Case No.-295 Year-2024 Thana- GOPALPUR District- Gopalganj
======================================================
Birbal Chauhan son of Subash Chauhan Resident of Village- Bodha Chhapar
PS -Gopalpur Dist- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rishi Sinha, Adv.
For the Opposite Party/s : Mrs.Pronoti Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 08-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Gopalpur P.S. Case No. 295 of 2024
registered for the alleged offences under Section 30(a) of the Bihar
Prohibition and Excise Amendment Act, 2022 in which cognizance
has been taken under Section 30(a) read with Section 32(3) of the
Bihar Prohibition and Excise Act, 2016.
03. As per prosecution case, coaccused Guddu Kumar
was apprehended driving motorcycle and from search of sack tied
on motorcycle recovery of 44.800 litre of country made liquor was
made. Petitioner has been made accused in this case as he is the
owner of the motorcycle.
04. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.30201 of 2026(2) dt.08-05-2026
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petitioner is innocent and has been falsely implicated in this case.
He has no concern with the offence of transportation of illicit
liquor. The petitioner has given the motorcycle in good faith to one
of his co-villagers who misused the motorcycle and used it for
ferrying illicit liquor and has been arrested by the police. The
arrested coaccused did not even name this petitioner. In these
circumstances, no offence under the Bihar Prohibition and Excise
Act is made out against the petitioner who is having clean
antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the fact
that no recovery has been shown from the conscious possession of
the petitioner and further considering absence of material to show
involvement of petitioner and also considering possibility of false
accusation, let the petitioner above named, in the event of his
arrest or surrender before the court concerned within a period of
eight weeks from today, be released on bail, on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand Only) each with two
sureties of the like amount each to the satisfaction of Court of
learned District & Addl. Sessions Judge-IV-cum-Exclusive Special
Excise Court-II, Gopalganj in connection with Gopalpur P.S. Case
Patna High Court CR. MISC. No.30201 of 2026(2) dt.08-05-2026
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No. 295 of 2024, subject to the condition laid down under Section
482(2) of the B.N.S.S. and other following conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
anuradha/-
U T
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