Patna High Court
Vinod KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to bail bond and surety conditions.
Summary
Vinod Kumar was named in an FIR for alleged illegal manufacture and trade of illicit liquor, with 50 litres recovered, under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Amendment Act, 2016. He contended that the vehicle used to transport the liquor belonged to him but was being operated by his driver without his knowledge, and that he had no conscious possession of the liquor. The State opposed his petition for anticipatory bail. The court examined the factual submissions and noted the lack of evidence of the petitioner's direct possession and his clean antecedent. Accordingly, the court directed that he be released on anticipatory bail upon surrendering within four weeks, subject to a bail bond of Rs.10,000 and two sureties, and compliance with conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The order was pronounced by Justice Chandra Shekhar Jha.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the alleged involvement in illegal liquor trade under the Bihar Prohibition and Excise Amendment Act, 2016.
Legislation cited
- Bihar Negotiable Instruments (or related) Special Statute (BNSS) — s. 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2016 — s. 30(a), 32(3)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- illegal liquor
- Bihar Prohibition and Excise Amendment Act
- clean antecedent
- possession
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41813 of 2026
Arising Out of PS. Case No.-390 Year-2025 Thana- SHERGHATI District- Gaya
======================================================
Vinod Kumar Son of Jantu Paswan Resident of Village- Gopalpur, P.S.-
Sherghati, Disrict- Gaya Ji.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Vishwa Ranjan Choudhary, Advocate
For the Opposite Party/s : Mr.Surendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 30-06-2026 Heard learned counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and
apprehending his arrest in connection with Sherghati P.S.
Case No.390 of 2025 registered under Sections 30(a) and
32(3) of Bihar Prohibition and Excise Amendment Act, 2016.
3. Allegation against the petitioner is to engage in
illegal trade/manufacturing of illicit liquor, where there is
recovery of 50 litres of IMFL/country-made liquor.
4. It is submitted by learned counsel appearing for
the petitioner that the name of petitioner arrayed solely for
the reason that the petitioner is the owner of the Toto
Patna High Court CR. MISC. No.41813 of 2026(2) dt.30-06-2026
2/3
bearing Registration No. BRP2RA 3491 which was involved
in carrying consignment of illicit liquor. It is also submitted
that petitioner had given his Toto to one Vinod Kumar, who
was a driver of the said vehicle, to earn money but the
driver was using the said vehicle for carrying illicit liquor,
without any knowledge of the 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, who is a man of clean antecedent, 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
Patna High Court CR. MISC. No.41813 of 2026(2) dt.30-06-2026
3/3
learned Court of Special Excise Court No- 3, Gaya, in
connection with Sherghati P.S. Case No.390 of 2025,
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
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.