Patna High Court
Arun KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
Holding
The court held that mere registration of a vehicle used by a co‑accused, without proof of the petitioner’s knowledge or participation, does not justify denial of pre‑arrest bail, and therefore bail may be granted under Section 482(2) of the BNSS.
Summary
Arun Kumar was implicated in a case alleging that 31.140 litres of illicit liquor were recovered from a motorcycle registered in his name. The vehicle was being used by co‑accused Sujit Kumar, who was arrested on the spot, and the petitioner claimed he had no knowledge of the liquor being transported. He pleaded for pre‑arrest bail, asserting a clean criminal record and lack of involvement in illicit liquor trade. The State opposed the bail, but the court noted that the charge was based solely on the vehicle registration and that the petitioner’s antecedents were clean. Considering these factors and the State’s failure to implement its liquor policy, the court granted pre‑arrest bail under Section 482(2) of the BNSS, subject to a bond and sureties, and directed the district court to verify his antecedents. The bail application was subsequently disposed.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the vehicle being used in the alleged illicit liquor offence
- Whether the registration certificate alone suffices to deny bail
- Whether the petitioner’s lack of knowledge and clean antecedent justify bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(i), 32(iii), 41(i), 41(ii)
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- vehicle registration
- Bihar Prohibition and Excise Act
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38741 of 2026
Arising Out of PS. Case No.-118 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Arun Kumar, S/O Late Indrajeet Rajak @ Late Indrajit Ram, Resident of
village - Amaon, P.S. - Karamchat, District - Kaimur at Bhabua
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajani Kant Pandey, Advocate
For the Opposite Party/s : Mr. Shyam Bihari Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-06-2026 Heard Mr. Rajani Kant Pandey, learned counsel
appearing on behalf of the petitioner and Mr. Shyam Bihari
Singh, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Bhabua P.S. Case No. 118 of 2026 registered for the
offence punishable under Sections 30 (a), 32(i) & (iii), 41(i) &
(ii) of the Bihar Prohibition and Excise Act as amended up-to-
date.
3. Allegation is of recovery of 31.140 litres of illicit
liquor from a motorcycle bearing Registration No. BR-24M-
2298 registered in the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been implicated in the
present case on the basis of registration certificate of the
Patna High Court CR. MISC. No.38741 of 2026(2) dt.17-06-2026
2/3
vehicle, which was being used by co-accused Sujit Kumar, who
was arrested on the spot in course of checking and the petitioner
had no knowledge that his vehicle was being misused for
carrying illicit liquor. Petitioner has no concern with the alleged
seized liquor nor he is involved in trade or manufacturing of
illicit liquor in any manner. Petitioner denied his complicity in
the alleged offence. 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. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the petitioner has been
implicated in the present case on the basis of registration
certificate of the vehicle, which was being used by co-accused
Sujit Kumar, who was arrested on the spot in course of
checking, 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
Patna High Court CR. MISC. No.38741 of 2026(2) dt.17-06-2026
3/3
satisfaction of the learned District Court where the case is
pending, in connection with Bhabua P.S. Case No. 118 of 2026,
subject to the condition as laid down under Section 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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.