Patna High Court
Saurabh Kumar @ Saurav KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail was granted to the petitioner subject to a bail bond and conditions under Section 482(2) of the BNSS.
Summary
The petitioner, Saurabh Kumar, was implicated in a case (Patrakarnagar PS Case No. 66 of 2020) for allegedly possessing 490 litres of illicit country-made liquor recovered from an auto‑rickshaw, alleged to be owned by him, under Sections 30(1) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018. He contended that he had gifted the auto‑rickshaw to his brother‑in‑law and had no control over it at the time of seizure, and that the search and seizure violated Section 105 of the Bharitya Nagrik Suraksha Sanhita (BNSS). He applied for anticipatory bail, asserting no criminal antecedents. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner can be held liable for the offence under Sections 30(1) and 41 of the Bihar Prohibition and Excise Amendment Act, 2018.
- Whether the alleged violation of Section 105 of the BNSS in the search and seizure warrants denial of anticipatory bail.
- Whether anticipatory bail should be granted in view of the petitioner's claim of lack of control over the vehicle and absence of criminal antecedents.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita (BNSS) — s. 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2018 — s. 30(1), 41
Subjects
- anticipatory bail
- prohibition law
- excise
- search and seizure
- BNSS
- Section 30(1)
- Section 41
- Section 105
- Section 482(2)
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.35230 of 2026
Arising Out of PS. Case No.-66 Year-2020 Thana- PATRAKARNAGAR District- Patna
======================================================
Saurabh Kumar @ Saurav Kumar S/o Paachu Yadav R/o Village- Rikabganj,
P.S- Malsalami, Dist- Patna ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Jay Ram Prasad
For the Opposite Party/s : Mr.Mohammed Arif
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 21-05-2026 The matter has been taken up today through video
conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State.
3. The petitioner is apprehending his arrest in
connection with Patrakarnagar P.S. Case No. 66 of 2020.
registered for the offence punishable under Section30(1)/41 of
the Bihar Prohibition and Excise Amendment Act, 2018.
4. As per the allegation, 490 liters of country made
liquor was recovered from an auto-rickshaw, which was lying in
an abandoned state. The petitioner has been made accused being
the owner of the auto-rickshaw in question, from which the
alleged recovery has been made.
5. Learned counsel for the petitioner has submitted
that though the petitioner is registered owner of the said auto-
Patna High Court CR. MISC. No.35230 of 2026(2) dt.21-05-2026
2/2
rickshaw, but he had gifted the same to his brother-in-law,
namely, Rakesh Kumar, and at the time of recovery, the
petitioner was not having control over the said auto-rickshaw
and he is in no way associated with the recovered liquor.
Learned counsel for the petitioner has further submitted that the
search and seizure is in violation of Section 105 BNSS. It has
lastly been submitted that the petitioner has got no criminal
antecedent.
6. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioners.
7. Heard the parties and perused the record.
8. Considering the aforesaid facts and circumstances
of the case, 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,
Jamui, in connection with Patrakarnagar P.S. Case No. 66 of
2020, subject to the conditions as laid down under Section
482(2) of the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
9. This application stands allowed.
(Praveen Kumar, J)
Pawan/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.