Patna High Court
AASHIF @ MD. AASHIFversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RITESH KUMAR
Holding
Since the petitioner was not present at the place of occurrence and had no connection with the seized liquor or motorcycle, bail was granted subject to conditions.
Summary
Navin Kumar was named by a co-accused in a case alleging possession of 16 litres of country‑made liquor seized from a motorcycle under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed he was not present at the scene, that the motorcycle belonged to the arrested co‑accused, and that his name appeared only due to village politics. The court examined the confessional statement and the seizure report and found no evidence of the petitioner’s presence or involvement. Considering his clean antecedent, the court ordered that he be released on bail upon surrender within six weeks, subject to a Rs.10,000 bond with two sureties and verification of his criminal antecedent. The bail order was made under Section 482(2) of the B.N.S.S. with a condition for cancellation if antecedents are concealed.
Issues considered
- Whether the petitioner is liable for the offence under Section 30(a) of the Bihar Prohibition and Excise Act based on the co‑accused’s statement.
- Whether bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. given the facts.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S.S. — s. 482(2)
Subjects
- bail
- illicit liquor
- Section 30(a)
- Bihar Prohibition and Excise Act
- confessional statement
- clean antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34134 of 2026
Arising Out of PS. Case No.-10 Year-2026 Thana- MAHALGAON District- Araria
======================================================
Navin Kumar Son of Jagdish Vishwas Resident of Village- Tekni, Ward No.
-01, Panchayat- Chaukta, P.S.- Pahalgaon, District- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Akhlaqur Rahman, Advocate
For the Opposite Party/s : Mr.Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
ORAL ORDER
2 18-05-2026 Heard the learned counsel for the petitioner and the
learned APP for the State.
2. The petitioner apprehends his arrest in
connection with Mahalgaon P.S. Case No. 10 of 2026, for
allegedly having committed offence under Sections 30(a)of the
Bihar Prohibition and Excise Act.
3. As per the prosecution case, which has been
lodged on the basis of the written report submitted by the
informant to the effect that on the date of occurrence at about
06:00 AM, the informant along with police party was on
morning patrolling and vehicle checking drive. During course of
raid, when they reached near Taha chowk, at 11:45 AM, he
received a secret information that one person is carrying country
made liquor loaded on a motorcycle and is moving from Khata
Patna High Court CR. MISC. No. 34134 of 2026(2) dt.18-05-2026
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Haat to Tekni. At about 12:08 PM, when the informant along
with police party reached at bridge between village Bhuna and
Banglakol, he saw three persons trying to flee away by turning
their motorcycle, upon seeing the police party. One person was
apprehended by the police after chase and two persons
succeeded in fleeing away. The apprehended person disclosed
his name as Dinesh Kumar and further disclosed the name of the
two persons, who fled away as Navin Kumar (petitioner) and
Bechan Viswas. Upon search of the motorcycle bearing
Registration no. BR11AK5838, total 16 liters of Desi Chulai
country made liquor was recovered.
4. The learned counsel for the petitioner submits
that the petitioner is innocent and has got no concern with the
present case. His name transpired in the present case, only due
to village politics and previous enmity with the apprehended
accused person. Even the motorcycle, which has been seized
from the place of occurrence is registered in the name of
apprehended accused person. Petitioner has got no concern with
the alleged liquor or the motorcycle. He further submits that the
petitioner has got a clean antecedent.
5. The learned APP for the State vehemently
opposes the prayer for bail of the petitioner.
Patna High Court CR. MISC. No. 34134 of 2026(2) dt.18-05-2026
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6. Having heard the rival submissions and after
going through the records, it appears that the petitioner was not
present at the place of occurrence. His name transpired on the
confessional statement of the co-accused, who was apprehended
at the place of occurrence. Since, the petitioner was not present
at the place of occurrence, there is no question of any recovery
from him. Further the motorcycle, which was seized at the place
of occurrence also belongs to the arrested person. The petitioner
has got a clean antecedent. Considering the facts and
circumstances of the case, let the petitioner, above named, in
the event of arrest or surrender within a period of six weeks, be
released on bail on furnishing bail bond of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Additional Session Judge-cum-
Exclusive Special Excise Judge- II, Araria in connection with
Mahalgaon P.S. Case No. 10 of 2026, subject to the conditions
as laid down under Section 482(2) of the B.N.S.S., with further
condition:
(1) The learned Court concerned shall verify the
criminal antecedent of the petitioner and in case at any stage, it
is found that the petitioner has concealed his criminal
antecedents, the court concerned shall take steps for cancellation
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of bail bond of the petitioner. 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.
(Ritesh Kumar, J)
Ajay/Kunal/-
U T
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