Patna High Court
Pradip KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
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
- Bharatiya Nyaya Sanhita — s. 274, 275, 482(2)
- Bihar Prohibition and Excise (Amendment) Act, 2022 — s. 30(a)
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
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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
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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/-
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