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Patna High Court

Pradip KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail, holding that the petitioner’s ownership of the vehicle alone does not establish his participation in the offence and that the prima facie evidence is insufficient to deny bail.

Summary

Petitioner Pradip Kumar, the registered owner of a bike from which 100 litres of illicit liquor was seized, was not named in the FIR relating to an alleged illegal liquor trade under Sections 274 and 275 of the Bharatiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. He contended that ownership of the vehicle alone did not establish his conscious possession or participation in the offence and that the seizure list lacked independent corroboration. The Additional Public Prosecutor opposed his prayer for anticipatory bail. The court observed that the prima facie evidence did not link the petitioner directly to the seized liquor and noted his clean antecedent. Consequently, the court directed that he be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order effectively granted the bail petition.

Issues considered

  • What is the relevance of vehicle ownership in establishing the petitioner's participation in the alleged illegal liquor offence?
  • Whether anticipatory bail should be granted when the petitioner is not named in the FIR and there is no material showing conscious possession?
  • Whether the seizure list, lacking independent witnesses, suffices to justify denial of bail under the BNSS?

Legislation cited

Subjects

  • anticipatory bail
  • illegal liquor
  • Bharatiya Nyaya Sanhita
  • vehicle ownership
  • clean antecedent
  • seizure list
  • Section 274
  • Section 275
  • Section 30(a)
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.45531 of 2026
                  Arising Out of PS. Case No.-379 Year-2025 Thana- BANJARIA District- East Champaran
                 ======================================================
                 Pradip Kumar, S/o Jaykishore Sahani @ Jay Kishor Sahni, Resident of
                 Village- Raghunathpur, P.S- Raghunathpur, Distt.- East Champaran.

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Ashok Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   10-07-2026                        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 Banjariya

                   P.S. Case No.379 of 2025 registered under Sections 274,

                   275 of the Bharatiya Nyaya Sanhita (in short ‘BNS’,2023)

                   and Section 30(a) of the Bihar Prohibition and Excise

                   (Amendment) Act,2022.

                                3. Allegation against the petitioner is to engage in

                   illegal trade/manufacturing of illicit liquor, where there is

                   recovery of 100 litres of IMFL/country-made liquor.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.45531 of 2026(2) dt.10-07-2026
                                            2/3




          the petitioner that the seized illicit liquor was recovered from

          a Bike bearing Registration No. BR05BJ-4279. It is further

          submitted that the petitioner’s name has been surfaced in

          the present case solely on the ground that he is the

          registered owner of the seized vehicle, and not on the basis

          of any material demonstrating his conscious possession,

          involvement or complicity in the alleged offence. It is also

          pointed out that seizure list appears doubtful being not

          supported by independent witnesses rather than by police

          personnel. The 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 fact as recovery of illicit liquor prima facie not

          appears to be made from physical possession of this

          petitioner, accordingly, the petitioner above-named, who is a

          man of clean antecedent, 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
            Patna High Court CR. MISC. No.45531 of 2026(2) dt.10-07-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of the

                      learned      Exclusive      Special      Excise      Court   No.-01, East

                      Champaran at Motihari in connection with Banjariya P.S.

                      Case No.379 of 2025, subject to the conditions as laid down

                      under Section 482(2) of the BNSS.


                                                          (Chandra Shekhar Jha, J.)
    Raushan/-

U       T


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