Patna High Court
Vipin BihariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for pre‑arrest bail is dismissed.
Summary
Vipin Bihari, the owner of a truck from which 1760 liters of spirit were recovered, filed a pre‑arrest bail petition alleging that he had sold the truck and had no possession of the contraband. He asserted innocence, lack of criminal antecedents, and that no incriminating material was found on him. The State contended that the recovery from the truck linked the petitioner to the offence, rendering him ineligible for pre‑arrest bail. The court examined the claim of ownership versus actual possession and the seriousness of the offences under the Bihar Prohibition and Excise Act and the IPC. Concluding that the petitioner could not claim the privilege of pre‑arrest bail, the court dismissed the petition.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the recovery of spirit from a truck he owned but allegedly sold
- Whether ownership of the vehicle at the time of recovery suffices to deny bail under the relevant statutes
Legislation cited
- Indian Penal Code — s. 120B, 420, 457, 468, 471, 472, 473
Subjects
- pre‑arrest bail
- Bihar Prohibition and Excise Act
- Indian Penal Code
- possession
- ownership
- spirit seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60250 of 2024
Arising Out of PS. Case No.-185 Year-2021 Thana- SANDESH District- Bhojpur
======================================================
Vipin Bihari Son of Lakhindar Sahi R/O Vill.- Sahwajpur, P.S.- Kanti, Dist.-
Muzaffarpur
... ... Petitioner
Versus
The State of Bihar ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr Dhanjay Kumar, Advocate
Mr.Manjeet Kumar Mishra, Advocate
For the Opposite Party/s : Mr.Mritunjay Kumar Nirala, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 05-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offence punishable under Sections 30a and 32(c) of the
Bihar Prohibition and Excise Act and sections 472, 473, 471,
468, 457, 420 and 120B of the Indian Penal Code.
3. As per the prosecution case, 1760 liters spirit was
recovered from the truck of which petitioner is owner.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in this case. Since petitioner has already sold the
truck in question to some other person, as such, he is not
responsible for alleged recovery. No incriminating material has
been recovered from conscious possession of the petitioner and
he is no way connected with the aforesaid recovery. Petitioner
has got no criminal antecedent.
5. Learned counsel for the State submits that the
recovery has been made from the truck of the petitioner, as such,
petitioner is not entitled to the privilege of pre-arrest bail.
6. Considering the aforesaid facts, this pre-arrest bail
Patna High Court CR. MISC. No.60250 of 2024(5) dt.05-02-2026
2/2
petition is dismissed.
(Prabhat Kumar Singh, J)
Shashi
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.