Patna High Court
Bishal Kumar DasversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court ordered that anticipatory bail be granted to the petitioner, subject to surrender, bail bond and surety conditions.
Summary
The petitioner, Bishal Kumar Das, applied for anticipatory bail fearing arrest in a case (Sadar P.S. Case No. 383 of 2025) involving alleged illegal possession of 4,089.06 litres of country‑made liquor recovered from his commercial vehicle. The prosecution alleged offences under Sections 111(I)(ii), 338, 336(3) of the Bihar Narcotic Substances Act, 2023 and Sections 30(a), 36 and 41(2) of the Bihar Prohibition and Excise Act. The petitioner contended that he was merely the owner of the vehicle, that the driver Bhavishya Kumar Yadav was responsible, and that no liquor was found in the driver’s possession, thus he was falsely implicated. The State opposed the bail. After hearing both sides, the Court granted anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs 10,000 with two sureties, subject to the conditions of Section 438(2) of the Cr.P.C. and Section 482(2) of the BNS Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the alleged offences under the BNS Act and the Bihar Prohibition and Excise Act.
- Whether mere ownership of the vehicle from which liquor was seized is sufficient ground for arrest and denial of bail.
Legislation cited
- Bihar Narcotic Substances Act — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 111(I)(ii), 336(3), 338
- Bihar Prohibition and Excise Act — s. 30(a), 36, 41(2)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- liquor seizure
- excise law
- vehicle ownership
- Criminal Procedure Code
- Bihar Prohibition and Excise Act
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4159 of 2026
Arising Out of PS. Case No.-383 Year-2025 Thana- PURNEA SADAR District- Purnia
======================================================
Bishal Kumar Das Son of Swarupam Kumar Das @ Swarupam Das Resident
of Village - Khamrua, Police Station - Itahar, District - Uttar Dinajpur(West
Bengal).
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nilendu Kumar Choudhary, Advocate
For the Opposite Party/s : Mr.Upendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending his arrest in
connection with Sadar P.S. Case no. 383 of 2025 instituted for
the offence under Sections 111 (I) (ii), 338, 336 (3) of the BNS,
2023 and Sections 30 (a), 36 and 41 (2) of the Bihar Prohibition
and Excise Act.
3. The case of the prosecution is that from the
commercial vehicle of this petitioner, altogether 4089.06 liters
of country made liquor was recovered.
4. Learned counsel for the petitioner has submitted
that petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.4159 of 2026(2) dt.09-02-2026
2/3
connection with the present case. It is further submitted that the
vehicle, in question, was being driven by one Bhavishya
Kumar Yadav. It is further submitted that from perusal of the
FIR, it would transpire that the said Bhavishya Kumar Yadav
has disclosed the name of his associate, however, so far as the
present petitioner is concerned, it has merely been stated that he
is the owner of the said vehicle. It is further submitted that
Bhavishya Kumar Yadav was the driver of the vehicle and
nothing has been recovered from his possession. It is further
submitted that the petitioner has been implicated in this case
only because he is the owner of the vehicle.
5. Learned APP appearing for the State has vehement
opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of his arrest or surrender
in connection with Sadar P.S. Case no. 383 of 2025, he will be
enlarged 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 learned Exclusive Special Judge, Excise, Court
Patna High Court CR. MISC. No.4159 of 2026(2) dt.09-02-2026
3/3
No. 01, Purnea, subject to the conditions as laid down under
section 438(2) of the Cr.P.C/ Section 482 (2) of the BNSS.
(Ashok Kumar Pandey, J)
Jagdish/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.