Patna High Court
Mantu Lal KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 30A
- Criminal Procedure Code — s. 438(2)
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
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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/-
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(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
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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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