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Patna High Court

Mantu Lal KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Mantu Lal Kumar, the owner of a motorcycle seized with 97.5 litres of illicit liquor, applied for anticipatory bail under Section 438 of the Code of Criminal Procedure, read with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. He contended that he had lent the motorcycle to another person, was unaware of the liquor, and had a clean criminal record. The State opposed the bail, arguing the seizure was made under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act. The High Court, after considering the facts and submissions, granted anticipatory bail subject to a set of conditions, including bail bonds, sureties, and verification of antecedents. The order clarified that any observations made would not affect the trial, and the application was allowed.

Issues considered

  • Whether anticipatory bail can be granted to the owner of a vehicle seized with illicit liquor under Section 438 CrPC and Section 482(2) BNSS 2023.
  • Whether ownership of the vehicle, without knowledge of the contraband, absolves the petitioner from liability under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • illicit liquor
  • Bihar Prohibition Act
  • vehicle ownership
  • criminal antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33309 of 2026
                   Arising Out of PS. Case No.-185 Year-2025 Thana- Pachpakdi District- East Champaran
                 ======================================================
                 Mantu Lal Kumar, S/o Bhola Sah, R/o Village - Kodariya, P.S- Patahi, Distt.-
                 East Champaran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Khushi Awadh, Advocate
                                                   Mr. Jitendra, Advocate
                                                   Mr. Narain Sinha, Advocate
                 For the Opposite Party/s :        Mr. Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   19-05-2026                   Heard the learned counsel for the petitioner and the

                   learned A.P.P. for the State through virtual mode.

                                 2. The petitioner is apprehending his/her arrest in

                   connection with Pachpakri P.S. Case No. 185 of 2025 registered

                   for the offence(s) under Section(s) 30(a) of the Bihar Prohibition

                   and Excise (Amendment) Act.

                                 3. As per the prosecution case, the police, while

                   patrolling, received information that the persons who deal in

                   illicit liquor are carrying a stock on a motorcycle. During

                   vehicle check, one motorcycle was seen coming loaded with a

                   sack on the back, however, the driver of the motorcycle

                   managed to flee away taking advantage of by lanes of the

                   village. On search, total 97.500 litres of Nepali country made
Patna High Court CR. MISC. No.33309 of 2026(2) dt.19-05-2026
                                            2/4




          liquor was seized and a case was registered against the owner of

          the said motorcycle.

                        4. The learned counsel for the petitioner submits that

          the petitioner has falsely been implicated in this case merely

          because he happens to be the owner of the seized motorcycle. It

          has further been submitted that the petitioner has no role to play

          in the entire episode rather he was framed just because he is the

          owner of the motorcycle. It has next been submitted that the

          motorcycle of the petitioner was given to some other person,

          who had taken the same, however, the petitioner was not aware

          that any illicit liquor was being carried on the same and hence,

          he cannot be saddled with the responsibility. It has lastly been

          submitted that the petitioner has clean antecedent.

                        5. The learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioner.

                        6. Considering the facts and circumstances of the

          case and the submissions advanced on behalf of the parties, let

          the petitioner, above-named, be released on anticipatory bail, in

          the event of his/her arrest or surrender before the concerned

          Court/successor Court within a period of four weeks from today,

          on his/her furnishing bail bonds in the sum of Rs. 10,000/-
Patna High Court CR. MISC. No.33309 of 2026(2) dt.19-05-2026
                                            3/4




          (Rupees Ten Thousand) with two sureties of the like amount

          each to the satisfaction of the concerned Court/successor Court

          where the case is pending in connection with Pachpakri P.S.

          Case No. 185 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure, 1973

          read with corresponding Section 482(2) of the Bharatiya

          Nagarik Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to

          the following conditions :

                                 (i)    One of the bailors of the petitioner shall be
                            his/her close relative and the other shall be a local
                            resident.
                                 (ii) The petitioner shall remain physically present
                            before the concerned Court on each and every date of the
                            trial and shall cooperate in the investigation.
                                 (iii) In case of absence for two consecutive occasions
                            or in violation of the terms of the bail, the bail bonds of
                            the petitioner will be liable to be cancelled by the
                            concerned Court.
                                 (iv) the court below shall verify the criminal
                            antecedent of the petitioner(s) except in present case,
                            registered for the offence under Section 30A of the Bihar
                            Prohibition and Excise Act and, in case at any stage it is
                            found that the petitioner(s) has/have concealed his
                            criminal antecedents, the court below shall take step for
                            cancellation of bail bonds of the petitioner(s). However,
                            the acceptance of bail bonds in terms of the above
                            mentioned order shall not be delayed for the purpose of
                            the same or in the name of verification.
                                 (v) The concerned Court shall verify the criminal
                            antecedent of the petitioner and in case, at any stage, it is
           Patna High Court CR. MISC. No.33309 of 2026(2) dt.19-05-2026
                                                       4/4




                                       found that he/she has concealed his/her criminal
                                       antecedents, the Court concerned shall take necessary
                                       steps for cancellation of his/her bail bond. However, the
                                       acceptance of bail bonds in terms of the above-mentioned
                                       order shall not be delayed for purpose of or in the name of
                                       verification.
                                  7. It is made clear that the observations, if any, made

                     in this order, shall be of no bearing during the trial.

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
krishna/sweta-

U      T


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