Patna High Court
Prince KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court held that bail should be granted as there is no material establishing the petitioner's complicity and the statutory conditions for denial of bail are not met.
Summary
Prince Kumar, the owner of a motorcycle (registration BR50F 7220), was implicated in a case where police recovered six litres of illicit Nepali liquor during a vehicle check. The petitioner applied for bail, asserting that he was unaware of the motorcycle's use in the crime and that no incriminating material linked him to the offence under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The State opposed bail, arguing that the use of his vehicle indicated complicity and that anticipatory bail was barred. The Court examined the lack of material to satisfy the rigors of Section 76(2) of the same Act and noted the petitioner's fair antecedent. Concluding that there was insufficient evidence of his participation, the Court granted bail with a bond of Rs.10,000, two sureties, one of whom must be a close relative, and subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioner is entitled to bail despite the alleged use of his motorcycle in the commission of an offence under the Bihar Prohibition and Excise (Amendment) Act, 2022.
- Whether the conditions of Section 76(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, are satisfied to justify denial of bail.
- Whether anticipatory bail is barred in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 103, 105, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a), 76(2)
Subjects
- bail
- anticipatory bail
- excise offence
- illicit liquor
- motor vehicle ownership
- Section 30
- Section 76
- Section 482
- fair antecedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39133 of 2026
Arising Out of PS. Case No.-262 Year-2024 Thana- Excise P.S. District- Supaul
======================================================
Prince Kumar, S/o Mahanand Kumar Yadav, R/o Vill- Ufrail, P.S.- K.Hat,
Dist- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Adv.
For the Opposite Party/s : Mrs. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 17-06-2026 Heard learned Advocate for the petitioner and the
learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Supaul Excise P.S. Case No. 262 of 2024
registered for the offence under Section 30(a) of the Bihar
Prohibition and Excise (Amendment) Act, 2022.
3. On the fateful day, while the police was engaged in
vehicle checking, in the meanwhile, they saw a suspected
vehicle rider and when they tried to apprehend, he succeeded in
fleeing away after leaving his motorcycle, bearing registration
no. BR50F 7220. In course of search, six litres of Nepali
country made liquor was recovered.
4. Learned Advocate for the petitioner submitted that
only on account of the petitioner being the owner of the
Patna High Court CR. MISC. No.39133 of 2026(2) dt.17-06-2026
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motorcycle, in question, his name has been implicated in this
case. It is not the case of the prosecution that the petitioner was
found present at the place of occurrence or he has been
identified by anyone. On the alleged date of occurrence, the
vehicle, in question, was taken away by one of his villager on
the pretext of bringing some household articles and the
petitioner was not aware of the fact that his motorcycle has ever
been used for illicit purpose. There is complete defiance of
Sections 103 and 105 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 and there is no material to attract the rigors
provided under Section 76(2) of the of the Bihar Prohibition and
Excise (Amendment) Act. The petitioner bears fair antecedent
and he undertakes that he will fully cooperate in the proceeding
of the court.
5. On the other hand, learned APP for the State
vehemently opposes the bail application and submits that the
use of the motorcycle of the petitioner in crime clearly suggests
his complicity, besides there is a bar to maintain anticipatory
bail.
6. Having considered the submissions advanced on
behalf of the learned Advocate for the respective parties and
taking note of the fact that no incriminating material has been
Patna High Court CR. MISC. No.39133 of 2026(2) dt.17-06-2026
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collected during the course of investigation, which suggests the
complicity of the petitioner in the crime and it was within his
knowledge that his motorcycle has been used in the crime,
besides there is lack of materials, which attracts the rigors
provided under Section 76(2) of the of the Bihar Prohibition and
Excise (Amendment) Act, as also the fair antecedent of the
petitioner, let the petitioner, named above, in the event of his
arrest or surrender before the court below within four weeks
from the date of receipt/production of a copy of this order, be
released on bail on furnishing bail bonds of Rs.10,000/- (Rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Judge, Excise Court
No.2, Supaul/Successor Court in connection with Supaul P.S.
Case No. 262 of 2024, subject to the condition as laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023 with the further condition that one of the bailors
shall be the own/close relative of the petitioner.
(Harish Kumar, J)
uday/-
U T
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