Patna High Court
Nikki KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail is not warranted where the petitioner is the owner of the vehicle used for transporting illicit liquor.
Summary
Petitioner Nikki Kumar, the registered owner of a truck (Reg. No. JH02Q-2412), was implicated in an excise case for allegedly transporting illicit foreign liquor. The police, acting on information, seized over 4,900 litres of liquor from the truck and two other vehicles during a raid. The petitioner contended that he merely owned the vehicle, had handed it over to another for goods transport, and had no knowledge or involvement in the illegal activity. The prosecution opposed his claim, emphasizing the ownership of the vehicle from which the large consignment was recovered. The court examined whether the circumstances warranted the grant of anticipatory bail. Finding that the petitioner’s ownership linked him to the offence and that the magnitude of the seizure indicated serious culpability, the court held that anticipatory bail was not appropriate. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is seized is entitled to anticipatory bail under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30239 of 2026
Arising Out of PS. Case No.-132 Year-2026 Thana- Excise P.S. District- Muzaffarpur
======================================================
Nikki Kumar S/O Late Viresh Pandey R/O Vill.- Ambar Siristar, P.S.-
Biharsharif, Distt.- Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priya Ranjan, Advocate
For the Opposite Party/s : Mr.Syed Mojibur Rahman, 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.
2. In the present case, the petitioner is
apprehending his arrest in connection with Muzaffarpur
Excise P.S. Case No. 132 of 2026 registered for the offences
under Sections 30(a) & 32(3) of Bihar Prohibition and Excise
Act.
3. As per prosecution case, police received
information about unloading of illicit foreign liquor from a truck
to smaller vehicles. A team was constituted and the raid was
conducted and since the police already reached the spot, it found
Patna High Court CR. MISC. No.30239 of 2026(2) dt.08-05-2026
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some persons unloading some cartons from a truck and loading
to smaller vehicle. On search of the truck, recovery of 4942.440
litres of foreign liquor was made. Further, recovery has been
made from the Mahindra Pickup and Mahindra Scorpio to the
tune of 216.00 litres and 128.240 litres, respectively. The
petitioner is stated to be the owner of the truck.
4. Learned counsel for the petitioner submits that
the petitioner is innocent and has falsely been implicated in this
case. Nothing incriminating has been recovered from the person
or possession of the petitioner and he was not apprehended from
the spot. The petitioner has been named only because of the fact
that he is owner of the truck bearing Registration No. JH02Q-
2412. But the petitioner has given the truck to some other
person for transportation of goods and the driver driving the
truck misused the vehicle and started transporting illicit liquor
and for the said transportation petitioner has no concern. The
petitioner is having clean antecedent.
5. Learned APP opposes the submission made on
behalf of the petitioner.
6. Having regard to the fact that the petitioner is
stated to be the owner of the truck from which huge
consignment of illicit liquor was being transported, I do not think it
Patna High Court CR. MISC. No.30239 of 2026(2) dt.08-05-2026
3/3
is a fit case for grant of anticipatory bail and hence, the prayer
for anticipatory bail of the petitioner is rejected.
(Arun Kumar Jha, J)
DKS/-
U T
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