Patna High Court
Gauri KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Gauri Kumar, the registered owner of a motorcycle, was implicated in a case where police seized 135 litres of illicit Nepali liquor from the vehicle during a check. The prosecution alleged offences under Sections 274 and 275 of the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of the Bihar Prohibition and Excise Act, 2016. The petitioner contended that the motorcycle had been borrowed by a friend without his knowledge and that he had no prior criminal record. The court considered that mere ownership, without knowledge or participation, did not justify denial of bail. Consequently, the court granted anticipatory bail, subject to a bond and sureties, and directed release if arrested within four weeks.
Issues considered
- Whether the petitioner, as the registered owner of the motorcycle, is liable to be arrested under Sections 274/275 BNS and Section 30(a) BEA despite lack of knowledge of the illicit liquor.
- Whether anticipatory bail should be granted in view of the petitioner’s claim of innocence and clean criminal record.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 274, 275
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
Subjects
- anticipatory bail
- motorcycle ownership
- illicit liquor
- Sections 274
- Sections 275
- Section 30(a)
- Bhartiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- Bail
- Criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7842 of 2026
Arising Out of PS. Case No.-117 Year-2025 Thana- SAHARGHAT District- Madhubani
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Gauri Kumar Son of Chauthi Mahto Resident of Village- Harlakhi, ward no.
10, P.S.- Harlakhi, Dist.- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah
Ms.Archna Aanand
For the Opposite Party/s : Mr.Sanjay Kumar Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 17-02-2026 1. 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
Saharghat Police Station Case No. 117 of 2025, dated
29.08.2025, disclosing offence under Sections 274/275 of
the Bhartiya Nyaya Sanhita, 2023 and Section 30(a) of
the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report,
is that the police, during vehicle check, intercepted two
motorcycles and on seeing the police, the riders tried to
flee away, however on chase by the police, the riders fled
away leaving the motorcycles. On search of the
motorcycle, the police recovered 135 litres of illicit
Patna High Court CR. MISC. No.7842 of 2026(2) dt.17-02-2026
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Nepali liquor from the said motorcycles.
4. Learned Counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in
this case because he happens to be the registered owner of
one of the motorcycles in question. He further submits
that one of the friends of the petitioner had borrowed the
motorcycle of the petitioner for his personal use and he
was not aware about the fact that illicit liquor was being
carried on his motorcycle. He further submits that the
petitioner has got no criminal antecedent.
5. Regards being had to the submission advanced on behalf
of the parties concerned and taking into consideration the
fact that the petitioner has been implicated in this case
merely because he happens to be the registered owner of
one of the motorcycles in question, which was borrowed
by his friend for his personal work and he has got no
criminal antecedent, 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/-
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(ten thousand) with two sureties of the like amount each
to the satisfaction of learned Exclusive Special Excise
Court, Madhubani, in connection with Saharghat Police
Station Case No. 117 of 2025, subject to the condition
laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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