Patna High Court
Bhola ShankarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Bail was granted to the petitioner as the recovery of liquor was not linked to his conscious possession and the vehicle registration issue was deemed technical.
Summary
The petitioner, Bhola Shankar, was implicated in a case (Rampur P.S. Case No. 345 of 2024) for alleged illegal manufacturing and trading of illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022, after 15 litres of liquor were recovered from a motorcycle registered in his name. He contended that he had sold the motorcycle on 22 March 2021 and that the registration remained in his name only as a technicality, emphasizing his clean antecedent. The Additional Public Prosecutor opposed bail, arguing the seriousness of the offence. The court examined the facts and noted that the recovery did not appear to be from the petitioner's conscious physical possession and that the registration issue was merely technical. Consequently, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS, and directed his release within four weeks of arrest or surrender.
Issues considered
- Whether the petitioner should be granted bail despite the recovery of illicit liquor from a vehicle registered in his name
- Whether the registration of the vehicle in the petitioner's name constitutes sufficient grounds for continued detention
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
Subjects
- bail
- illicit liquor
- prohibition law
- vehicle registration
- clean antecedent
- Section 30(a)
- Section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36700 of 2026
Arising Out of PS. Case No.-345 Year-2024 Thana- RAMPUR District- Gaya
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Bhola Shankar S/o Late Badri Prasad R/o Mohalla - New Godown Pahsi
Lane, P.S. - Kotwali, Dist. - Gaya. ... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Navin Kumar Singh, Advocate
For the Opposite Party/s : Mr.Tarkeshwar Nath Thakur, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 08-06-2026 Heard learned counsel appearing on behalf of
the petitioner and learned Additional Public Prosecutor
appearing on behalf of the State.
2. The accused/petitioner apprehending his
arrest in connection with Rampur P.S. Case No. 345 of
2024 registered for the offences punishable under
Section 30(a) of the Bihar Prohibition and Excise
Amendment Act, 2022.
3. The allegation against the petitioner is to be
engaged in illegal trading/manufacturing of illicit liquor,
where, there is recovery of 15 litres of IMFL/Mahua
liquor from the motorcycle.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.36700 of 2026(2) dt.08-06-2026
2/3
petitioner submitted that the motorcycle in issue was
sold by petitioner on 22.03.2021 itself and as still the
registration of motorcycle exist in name of petitioner
which found involved in carrying of illicit liquor, this
petitioner was implicated. It is pointed out that petitioner
is a man of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. Considering the aforesaid facts and
circumstances as recovery of illicit liquor prima facie not
appears to be made from the conscious physical
possession of this petitioner, who is a man of clean
antecedent, coupled with the fact that implication
appears being the technical reasons as still the
registration of vehicle in issue was exist in name of
petitioner, accordingly, above named petitioner, in the
event of his arrest or surrender before the learned trial
Court, within a period of four weeks of the order, is
directed to be released on bail furnishing bail bond of Rs.
10,000/- (Rupees Ten Thousand) with two sureties of
Patna High Court CR. MISC. No.36700 of 2026(2) dt.08-06-2026
3/3
the like amount each to the satisfaction of the learned
Additional Sessions Judge-cum-Excl. Spl. Excise Judge,
Court No. 1, Gaya Jee/concerned Court, where the case
is pending in connection with Rampur P.S. Case No.
345 of 2024, subject to the conditions as laid down
under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J)
veena/-
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