Patna High Court
Arjun Kumar @ BaheliyaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Arjun Kumar was named in an FIR under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022 for allegedly transporting 72.020 litres of foreign wine in a van. He contended that he was neither the owner nor the driver of the vehicle and that his name was recorded only on the basis of a local chowkidar’s disclosure, with no prior criminal record. The State opposed his anticipatory bail, arguing the seriousness of the offence. The High Court noted that the illicit liquor was not recovered from the petitioner’s constructive possession, his name was based solely on an informant’s statement, and he had no antecedents. Consequently, the Court granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail can be granted when the accused is not in constructive possession of the alleged contraband and the allegation is based solely on an informant’s disclosure.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30(a)
- constructive possession
- illicit liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31613 of 2026
Arising Out of PS. Case No.-155 Year-2026 Thana- SAHEBGANJ District- Muzaffarpur
======================================================
Arjun Kumar @ Baheliya S/o Rambabu Ray @ Rambabu Ram R/o Village -
Madhopur Hajari, PS - Sahebganj, District - Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Yugal Kishore, Advocate
For the Opposite Party/s : Mr. Shaheen Begum, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 07-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in
connection with Sahebganj P.S. Case No.155 of 2026, F.I.R
dated 22.02.2026 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act, 2022.
3. As per the prosecution case, on 21.02.2026 he
received information from the Excise Department, Patna, that
wine was being transported towards Sahebganj from Bangara
Ghat. Upon receiving such information, the informant
constituted a raiding team and proceeded to the place of
occurrence. It is alleged that he saw a van approaching and
signaled it to stop. However, the driver attempted to flee. After a
Patna High Court CR. MISC. No.31613 of 2026(2) dt.07-05-2026
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chase, the van was apprehended. It is further alleged that two
persons tried to escape from the vehicle, and they were
identified as Chunnu Paswan and Arjun Kumar. It has also been
alleged that upon search, a total of 72.020 liters of foreign wine
was recovered from the van bearing registration number BR-
01AX-1870. Accordingly, a seizure list was prepared, and the
present case was lodged.
4. Learned counsel for the petitioner submits that the
place of recovery is from a van bearing Registration No. BR-
01AX-1870, and the petitioner is neither the owner nor the
driver of the said vehicle and is in no way connected with the
illicit liquor. It has further been submitted that the name of the
petitioner has transpired on the basis of disclosure made by local
chowkidaar. Lastly, it has been submitted that the petitioner has
no criminal antecedent.
5. Learned APP for the State opposes the prayer for
anticipatory bail application.
6. Regard being had to the submission made by the
parties, taking into consideration the fact that illicit liquor has
not been recovered from the constructive possession and / or
premises belonging to the petitioner and the name of the
petitioner has transpired on the basis of disclosure made by local
Patna High Court CR. MISC. No.31613 of 2026(2) dt.07-05-2026
3/3
chowkidaar and the petitioner has no criminal antecedent,
accordingly, this Court is inclined to grant anticipatory bail to
the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Exclusive Special Judge, Court No.II, Muzaffarpur, in
connection with Sahebganj P.S. Case No.155 of 2026 subject to
the condition as laid down under Section 482(2) of the B.N.S.S.,
2023.
(Ajit Kumar, J)
sharun/-
U T
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