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Patna High Court

Vinod Kumar @ Vinod Kumar MandalversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner, subject to a bond and conditions, noting his lack of conscious possession and clean antecedent.

Summary

Vinod Kumar applied for bail after his name was linked to a seizure of 40 litres of illegal country-made liquor recovered from a scooty registered in his name during a police raid. The prosecution alleged that the scooty was used to transport the liquor, but no liquor was found in Kumar’s conscious possession and he was not present at the scene. Kumar contended he was unaware of the scooty’s use, citing that it had been taken by his son’s brother‑in‑law and that he has a clean criminal record. The State opposed bail, arguing the ownership of the vehicle implicated him. The court, after considering the facts and the clean antecedent, granted bail on a bond of Rs.10,000 with two sureties, subject to verification of his criminal antecedent and compliance with Section 482(2) of the B.N.S.S.

Issues considered

  • Whether bail can be granted when the accused is the registered owner of the vehicle from which illegal liquor was seized but no liquor was found in his possession
  • Whether the clean antecedent of the petitioner warrants bail despite the alleged connection to the offence
  • Applicability of Section 482(2) of the B.N.S.S. in granting bail in an excise case

Legislation cited

Subjects

  • bail
  • illegal liquor
  • excise
  • possession
  • clean antecedent
  • Section 482
  • Bihar Prohibition & Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.35479 of 2026
                        Arising Out of PS. Case No.-450 Year-2024 Thana- Excise P.S. District- Patna
                 ======================================================
                 Vinod Kumar @ Vinod Kumar Mandal Son of Dahu Mandal Resident of
                 Mohalla- East Chitragupta Nagar, Behind Janki Apartment, P.S.- Kankarbagh
                 District -Patna

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Sanjeev Kumar, Advocate
                 For the State             :        Mr. Kanhiya Kishor, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR
                                       ORAL ORDER

2   21-05-2026                Heard the learned counsel for the petitioner and the learned

                   Additional Public Prosecutor for the State.

                               2. The petitioner apprehends his arrest in connection with

                   Excise (Patna) P.S. Case No. 450 of 2024, for allegedly having

                   committed offence under Sections 30(a), 56(b) of Bihar Prohibition

                   & Excise Act.

                               3. As per the prosecution story which has been lodged on

                   the basis of the written report submitted by the informant to the effect

                   that on 02.03.2024, at about 8 P.M., while he along with the police

                   party proceeded for conducting raid against the sale and purchase of

                   illegal liquor. While he reached near Kila Ghat, one person started

                   fleeing away, after leaving his scooty. From the bag which was kept

                   on the scooty bearing Registration No. BR-01CM-8520, 40 liters of

                   illegal country made liquor was recovered and a seizure list was
Patna High Court CR. MISC. No.35479 of 2026(2) dt.21-05-2026
                                            2/3




          prepared.

                      4. Learned counsel appearing on behalf of the petitioner

          submits that the petitioner is innocent and has not committed any

          offence. His name has transpired in the present case, since the scooty,

          from which the illicit liquor was recovered, belongs to him. He

          further submits that no recovery has been made from the conscious

          possession of the petitioner and he is mechanic of car, therefore,

          there is no question of his indulgence in selling the illegal liquor. He

          further submits that in the year 2022, the marriage of the son of the

          petitioner was solemnized at Hajipur and in the year 2024, the

          brother-in-law of the petitioner’s son had taken away the said scooty,

          therefore, the petitioner was not aware about the use of said scooty in

          selling of illegal liquor. It is further submitted that the petitioner has

          got a clean antecedent.

                      5. Per contra, the learned APP for the State opposes the

          prayer for bail of the petitioner.

                       6. Having heard the rival submissions and after going

          through the records, it appears that the name of the petitioner has

          transpired in the present case, since the scooty from which 40 liters

          of illegal country made liquor was recovered, belongs to him. The

          petitioner was not present at the place of occurrence, therefore

          nothing was recovered from his conscious possession. Further, the

          petitioner has got a clean antecedent.

                       7. Considering the facts aforesaid, let the petitioner, above
             Patna High Court CR. MISC. No.35479 of 2026(2) dt.21-05-2026
                                                         3/3




                       named, in the event of his arrest or surrender within a period of six

                       weeks, be released on 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 Special Judge Excise-III, Patna in

                       connection with Excise (Patna) P.S. Case No. 450 of 2024 , subject to

                       the conditions as laid down under Section 482(2) of the B.N.S.S.,

                       with a further condition that :-

                                    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 antecedent, the court

                       concerned shall take steps for cancellation of bail bond of the

                       petitioner. However, the acceptance of bail bond in terms of the

                       above-mentioned order shall not be delayed for purpose of or in the

                       name of verification.



                                                   (Ritesh Kumar, J)
priyanka/-

U      T


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