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Patna High Court

Vipin BihariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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


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