Created by Fuzzy Cloud

Patna High Court

Arun Kumar @ Arun Yadav @ NetajiversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as ownership of the seized truck established sufficient nexus to the alleged offences.

Summary

The petitioner, Arun Kumar, the owner of a truck, was implicated in a case (PS Case No. 142 of 2026) for alleged offences under Sections 281 and 105 of the Bharatiya Nyaya Sanhita and Section 37 of the Bihar Prohibition and Excise Act after the truck's driver tested positive for alcohol (124.2 mg/100 ml). The petitioner argued that no incriminating material was found in his possession and that he had no direct involvement in the incident, seeking anticipatory bail. The State opposed the bail, contending that ownership of the vehicle implicated him in the offences. The Court examined whether ownership alone suffices to justify anticipatory bail and considered the seriousness of the alleged offences. Concluding that the petitioner’s connection to the alleged crime was sufficient, the Court refused the anticipatory bail application.

Issues considered

  • Whether the owner of a vehicle can be granted anticipatory bail when the driver is found intoxicated and the vehicle is seized under provisions of the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • vehicle owner liability
  • alcohol consumption offence
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • Bihar Prohibition and Excise Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43087 of 2026
                    Arising Out of PS. Case No.-142 Year-2026 Thana- GAYA KOTWALI District- Gaya
                 ======================================================
                 Arun Kumar @ Arun Yadav @ Netaji S/o Raja Yadav @ Rajo Yadav @ Raj
                 Kumar Yadav Resident of Village- Bara, P.S. -Muffasil, District- Gayajee

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Akhilesh Kr Pandey, Advocate
                 For the Opposite Party/s :      Mr. Nityanand, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   01-07-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Kotwali P. S. Case

                   No. 142 of 2026 registered for the offence punishable under

                   Sections 281, 105 of the Bharatiya Nyaya Sanhita and Section

                   37 of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, the driver of truck bearing

                   registration no. BR02W3956 was apprehended by police and

                   upon taking his breath analyzer test, consumption of

                   124.2mg/100 ml alcohol was confirmed. Petitioner is owner of

                   the aforesaid seized truck.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged incident and he has been made accused in this case
              Patna High Court CR. MISC. No.43087 of 2026(2) dt.01-07-2026
                                                          2/2




                        merely because he is owner of the seized truck. Petitioner

                        claims clean antecedent.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        bail of the petitioner.

                                     6. Considering the aforesaid facts and circumstances

                        of the case, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.