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Patna High Court

Vinod KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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