Patna High Court
Mahesh PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
Registration of a vehicle alone, without the accused being named in the FIR or showing personal involvement, is insufficient to deny pre‑arrest bail where the accused has a clean antecedent.
Summary
Mahesh Prasad, the owner of a vehicle (registration No. BR06PC7153), was implicated in a case involving the seizure of 375 ml of illicit foreign liquor. He was not named in the FIR and claimed the vehicle was rented for a marriage ceremony, with no knowledge of its misuse. The petitioner sought pre‑arrest bail, emphasizing his clean antecedent and lack of personal involvement, while the State opposed the bail. The Court held that registration of a vehicle alone does not justify denial of bail where the accused is not personally implicated, and noted the State’s failure to implement its liquor policy. Accordingly, the Court granted pre‑arrest bail subject to a bond of Rs 10,000 with two sureties and directed the District Court to verify the petitioner’s criminal record, disposing of the bail application.
Issues considered
- Whether the registration certificate of a vehicle alone is sufficient grounds to deny pre‑arrest bail when the accused is not named in the FIR.
- Whether pre‑arrest bail can be granted in offences under Sections 30(a) and 37(b)(c) of the Bihar Prohibition and Excise Act where the accused has a clean antecedent and no personal involvement.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 37(b)(c)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- vehicle registration
- Bihar Prohibition and Excise Act
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37654 of 2026
Arising Out of PS. Case No.-130 Year-2026 Thana- BATHNAHA District- Sitamarhi
======================================================
Mahesh Prasad, aged about 60 years, Gender-male, Son of Ram Pragash
Mahto, Resident of village - Kanhauli, P.S.- Kanhauli, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Advocate
For the Opposite Party/s : Mr. Damodar Prasad Tiwary, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 01-07-2026 Heard Mr. Virendra Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Damodar Prasad
Tiwary, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bathnaha P.S. Case No. 130 of 2026 registered for the
offence punishable under Sections 30 (a) and 37(b)(c) of the
Bihar Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 375 ML of illicit
foreign liquor from a vehicle bearing Registration No.
BR06PC7153, registered in the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submitted that the petitioner has been implicated in
the present case on the basis of registration certificate of the
vehicle. Petitioner is not named in the FIR. Petitioner has no
Patna High Court CR. MISC. No.37654 of 2026(2) dt.01-07-2026
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concern with the alleged seized liquor nor he is involved in
trade of liquor in any manner. Petitioner had rented his vehicle
for marriage purpose and he had no knowledge that his vehicle
is being misused for carrying illicit liquor. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the quantity of liquor recovered and
the fact that the petitioner is not named in the FIR, he has been
implicated in the present case on the basis of registration
certificate of the vehicle. Petitioner has clean antecedent and
also the fact that the State has failed to implement its liquor
policy in its true spirit, the petitioner, above named, is directed
to be released on pre-arrest bail, in the event of his/her arrest or
surrender before the learned District Court within a period of
four weeks from today, 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 District Court where the
case is pending, in connection with Bathnaha P.S. Case No. 130
of 2026, subject to the condition as laid down under Section
Patna High Court CR. MISC. No.37654 of 2026(2) dt.01-07-2026
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482(2) of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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