Patna High Court
Kanhaiya KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail may be granted where the accused's involvement is limited to ownership of the vehicle and no substantive participation in the alleged offence, subject to conditions under Section 438(2) CrPC.
Summary
Kanhaiya Kumar, the owner of a motorcycle, was implicated in an excise case after illicit liquor was recovered from a co-accused riding his vehicle. He applied for anticipatory bail under sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act, asserting that his only connection to the offence was ownership of the motorcycle. The State opposed the bail, but the petitioner offered to donate Rs.10,000 to a charitable organization without admitting guilt. The court examined the limited role of the petitioner and the conditions prescribed under Section 438(2) of the CrPC. It granted anticipatory bail, requiring a bail bond of Rs.10,000, two sureties of equal amount, and a deposit of Rs.10,000 to the specified charity, subject to verification. The order is confined to the bail application and does not prejudice the merits of the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438(2) of the CrPC in the context of the excise offence.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- vehicle ownership
- Section 438 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37114 of 2026
Arising Out of PS. Case No.-1206 Year-2023 Thana- Excise P.S. District- Kishanganj
======================================================
Kanhaiya Kumar Son of Ajay Singh Resident of Village- Bargawan, P.S.-
Sirdala, District- Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner : Mr. Rajeev Ranjan, Advocate
For the Opposite Party : Mr. Md. Ataur Rahman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-06-2026 Heard the parties.
2. The petitioner seeks anticipatory bail in
connection with Excise P.S. Case No.1206 of 2023 registered
for the offence under sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. The police apprehended the co-accused, who
was riding a motorcycle and upon search about 3.375 liters of
illicit liquor has been recovered from his possession. The
petitioner is the owner of the seized motorcycle.
4. Learned counsel for the petitioner submits
that the petitioner has been made accused in this case only on
the ground that he is the owner of the motorcycle which was
driven by the co-accused.
5. Learned counsel for the petitioner also
submits that the petitioner is ready to donate Rs.10,000/- in
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some charitable organization without accepting his guilt.
6. Learned APP appearing for the State opposes
the prayer for bail of the petitioner.
7. Considering the facts and circumstances of
the case and also the submission of learned counsel for the
petitioner, let the petitioner, above named, in the event of his
arrest/surrender within six weeks from today in the Court below,
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 Exclusive Special Judge, Excise-II,
Kishanganj / concerned Court below, in connection with Excise
P.S. Case No.1206 of 2023, subject to the conditions as laid
down under section 438(2) of the Code of Criminal Procedure.
8. This is also subject to the condition that the
petitioner shall deposit an amount of Rs.10,000/- in
Ramakrishna Math, Village - Jharha (near Matua Pahar), P.O.-
Gurua, District- Gayaji, Bihar 824205 and produce the receipt
of the same before the Court below at the time of furnishing bail
bonds. The bail bonds of the petitioner shall be accepted after
verifying the genuineness of the receipt produced by him.
9. It is, however, clarified that the observations
made herein are limited to the adjudication of the present bail
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application and shall not prejudice the case of the petitioner at
any subsequent stage of the trial and this Court has not
expressed any opinion on the merits of the case.
(Sandeep Kumar, J)
pawan/-
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