Patna High Court
Sudin Kumar NandiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court held that anticipatory bail is warranted and granted it subject to conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Sudin Kumar Nandi, owner of a commercial truck, was implicated in a case where 1,296 litres of foreign liquor were seized from his vehicle, alleged to violate Sections 30(a) and 41(i)(ii) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that the truck was under the driver’s control, the seizure did not follow the procedure prescribed in Section 105 of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S), and he has no prior criminal record. The State opposed the bail. The court examined the facts, the statutory requirements for search and seizure, and the principle of personal liability for vehicle owners. It concluded that the circumstances warranted the grant of anticipatory bail, subject to a bail bond and sureties, and conditioned on compliance with Section 482(2) of the B.N.S.S. The application for anticipatory bail was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the facts of the case.
- Whether the seizure and search of the truck complied with the procedural requirements of Section 105 of the B.N.S.S.
- Whether ownership of the commercial vehicle makes the petitioner liable for offences under the Bihar Prohibition and Excise Act.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (B.N.S.S.) — s. 105, 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 41(i)(ii)
Subjects
- anticipatory bail
- search and seizure
- vehicle ownership liability
- Bihar Prohibition and Excise Act
- Bharitya Nagrik Suraksha Sanhita
- Section 105
- Section 482(2)
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 34747 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- BIRAUL District- Darbhanga
======================================================
Sudin Kumar Nandi S/o Anil Kumar Nandi R/o Village - Debalay Sarat
Chandra Pally, P.S - Siliguri (M corp), District - Jalpaiguri (W.B)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shivam Prerna, Advocate
For the Opposite Party/s : Mr.Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 20-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending his arrest in connection
with Biraul P.S. Case No. 100/2026 of registered for the offences
punishable under Sections 30(a) and 41(i)(ii) of the Bihar Prohibition
and Excise Act.
3. As per the prosecution case, altogether 1296 litres of
foreign liquor has been recovered from a truck. The petitioner is
alleged to be the owner of the truck in question from where the
alleged recovery has been made.
4. Learned counsel for the petitioner has submitted that
the petitioner is innocent and has falsely been implicated in this case.
Learned counsel for the petitioner has submitted that the truck is a
commercial vehicle and petitioner being the owner of the truck
cannot be fixed with the liability, when the driver of the truck was
Patna High Court CR. MISC. No. 34747 of 2026(2) dt.20-05-2026
2/2
driving the same. It has further been submitted that at the time of
search and seizure, the truck was not under the control of the
petitioner. It has further been submitted that search and seizure as
prescribed under Section 105 of B.N.S.S has not been followed. It
has lastly been submitted that petitioner has got no criminal
antecedent.
5. Learned A.P.P. for the State has vehemently opposed
the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances of
the case as well as the nature of allegation against the petitioner, let
the above named petitioner, in the event of his arrest/surrender within
a period of six weeks from today, be enlarged on anticipatory bail on
furnishing bail-bond of Rs. 10,000/- (Rupees ten thousand) with two
sureties of the like amount each to the satisfaction of the learned
court concerned in connection with Biraul P.S. Case No. 100/2026 ,
subject to the conditions as laid down under Section 482(2) of the
Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
(Praveen Kumar, J)
vashudha/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.