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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

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


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