Patna High Court

Gorakh RayversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: ANIL KUMAR SINHA

Holding

The court held that anticipatory bail should be granted as the petitioner is not the owner of the motorcycle or the seized liquor.

Summary

The petitioner, Gorakh Ray, applied for anticipatory bail in a case where police seized four motorcycles carrying 450 litres of country-made mahua liquor, alleging violation of Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution’s FIR alleged that the liquor was recovered from the motorcycles on 14‑10‑2025. The petitioner contended that he neither owned the motorcycles nor had any physical possession of the liquor, asserting that he was falsely implicated based on local disclosures. The court examined the submissions and noted that the petitioner was not the owner of the vehicle from which the illicit liquor was recovered. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the court granted anticipatory bail, directing that if arrested within four weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties. The application was therefore allowed.

Issues considered

Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita when he is not the owner of the seized motorcycle or liquor.
Whether the petitioner is likely to be implicated in the offence under Section 30(a) of the Bihar Prohibition and Excise Act.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 482(2)

Subjects

anticipatory bail
Section 30(a)
Bihar Prohibition and Excise Act
Section 482(2)
Bharatiya Nagarik Suraksha Sanhita
illegal liquor
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7817 of 2026
                       Arising Out of PS. Case No.-248 Year-2025 Thana- KOILWAR District- Bhojpur
                 ======================================================
                 Gorakh Ray Son of Bagha Ray Resident of Village- Manachak, P.S.- Koilwar,
                 District- Bhojpur, State- Bihar



                                                                                   ... ... Petitioner/s
                                                        Versus

                 The State of Bihar

                                                                             ... ... Opposite Party/s

                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Navin Kumar Singh, Advocate
                 For the State            :        Mr. Nawal Kishore Pd., A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   17-02-2026                   Heard learned Counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                 2. This application, for grant of anticipatory bail,

                   arises out of Koilwar Police Station Case No. 248 of 2025,

                   disclosing offences under Sections 30(a) of Bihar

                   Prohibition and Excise Act.

                                 3. The prosecution case, as per the First

                   Information Report, is that on 14.10.2025, on the basis of

                   secret information police intercepted four motorcycles upon

                   which six people were coming and upon search, total 450
Patna High Court CR. MISC. No.7817 of 2026(2) dt.17-02-2026
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          litres of country-made mahua liquor was recovered from the

          said motorcycle.

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has falsely been implicated in this

          case only on the basis of discloser made by the local people.

          Petitioner is neither the owner of the motorcycle nor the

          seized liquor. Nothing has been recovered from the

          conscious physical possession of the petitioner.

                       5. Regards being had to the submissions made by

          the parties and taking into consideration the fact that

          petitioner is not the owner of the motorcycle from where the

          illicit liquor has been recovered, I am inclined to grant the

          petitioner privilege of anticipatory bail.

                       6. This application is, accordingly, allowed.

                       7. Let the petitioner, above named, in the event of

          his arrest or surrender before the Court below within four

          weeks, be released on bail on furnishing bail bond of Rs.

          10,000/- (Ten Thousand) with two sureties of the like

          amount each to the satisfaction of learned Exclusive Special

          Excise Court No. II, Bhojpur at Ara, in connection with

          Koilwar Police Station Case No. 248 of 2025, subject to
           Patna High Court CR. MISC. No.7817 of 2026(2) dt.17-02-2026
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                     the condition laid down under Section 482 (2) of the

                     Bharatiya Nagarik Suraksha Sanhita.



                                              (Anil Kumar Sinha, J)
Siwani/-

U      T

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