Patna High Court
Sarju VindversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
Anticipatory bail was granted as the recovery of illicit liquor did not constitute conscious possession by the petitioner.
Summary
The petitioner, Sarju Vind, was implicated in an excise case for alleged illegal manufacture and transport of illicit liquor, based on the recovery of two litres of liquor from a motorcycle registered in his name. He argued that he was not named in the FIR, had no knowledge of the liquor being carried, and that his nephew was using the motorcycle without his consent. The prosecution opposed his application for anticipatory bail, contending possible involvement. The court examined the facts and noted that the liquor was not found in the petitioner's conscious possession, and the allegation rested solely on vehicle ownership. Consequently, the court directed that the petitioner be released on bail, subject to a bond and sureties, under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail was conditioned on surrender within four weeks and compliance with the Special Excise Court.
Issues considered
- Whether anticipatory bail under Section 438 CrPC can be granted when the accused is not named in the FIR.
- Whether ownership of a vehicle used for transporting illicit liquor implicates the owner in the offence.
- Whether the recovery of liquor constitutes conscious possession of the petitioner.
Legislation cited
- Bihar Non-Statutory (BNSS) — s. 482(2)
- Bihar Prohibition and Excise Act — s. 30(a), 32(c)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- excise law
- illicit liquor
- possession
- vehicle ownership
- CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40870 of 2026
Arising Out of PS. Case No.-147 Year-2024 Thana- Excise Arwal District- Jehanabad
======================================================
Sarju Vind Son of Munarik Vind Resident of Village - Badhauna, P.S.-
Shakurabad, District - Jehanabad.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Sharma, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is not named in the FIR
and apprehending his arrest in connection with Arwal Excise
P.S. Case No.147 of 2024 registered under Sections 30(a)
and 32(c) of Bihar Prohibition and Excise Act.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 2 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of this petitioner arrayed solely
Patna High Court CR. MISC. No.40870 of 2026(2) dt.24-06-2026
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on the ground that he is the registered owner of the
Glamour Motorcyle bearing Registration No. BR25E 3937. It
is submitted that petitioner’s nephew, namely, Sanjeet
Kumar was using petitioner’s motorcycle for carrying wine,
without the knowledge of this petitioner. It is also submitted
that recovery of illicit liquor was not made from conscious
possession of this petitioner. Petitioner claimed clean
antecedent.
5. Learned APP opposed the prayer of anticipatory
bail to the petitioner.
6. In view of aforesaid factual submissions and by
taking note of the fact as recovery of illicit liquor prima facie
not appears to be made from physical possession of this
petitioner, accordingly, the petitioner, above-named, in the
event of his arrest or surrender in the court below within a
period of four weeks from today, is directed to be released
on bail 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 Court of Special Excise court No.
II, Jehanabad in connection with Arwal Excise P.S. Case
Patna High Court CR. MISC. No.40870 of 2026(2) dt.24-06-2026
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No.147 of 2024, subject to the conditions as laid down
under Section 438(2) of the CrPC/under Section 482(2) of
the BNSS.
(Chandra Shekhar Jha, J)
aniket/-
U T
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