Created by Fuzzy Cloud

Patna High Court

Bashishth Kumar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, finding no sufficient basis to arrest him.

Summary

The petitioner, Bashishth Kumar Singh, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016 after police recovered 6 litres of illicit liquor from a motorcycle he owned. He claimed the motorcycle was borrowed by a friend and he had no knowledge of the contraband, also asserting he has no prior criminal record. The court considered that mere ownership without knowledge does not constitute culpability and noted the petitioner’s clean antecedent. Relying on these facts, the court exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to grant anticipatory bail. The order directed the petitioner to furnish a bail bond of Rs.10,000 with two sureties if arrested within four weeks, thereby releasing him from immediate custody.

Issues considered

  • Whether anticipatory bail can be granted in a case under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
  • Whether mere ownership of a vehicle used to transport illicit liquor makes the owner liable without proof of knowledge or participation.
  • Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the court to grant anticipatory bail in such circumstances.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.7930 of 2026
                      Arising Out of PS. Case No.-11 Year-2024 Thana- Shahartelpa P.S. District- Arwal
                 ======================================================
                 Bashishth Kumar Singh S/O Raghunandan Singh R/O Village- Dandadih,
                 P.S.- Kodarma, Distt.- Kodarma, Jharkhand.

                                                                                       ... ... Petitioner/s
                                                          Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr.Paras Nath
                 For the Opposite Party/s :         Mr.Akshay Lal Pandit
                 ======================================================
                 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 Shahertelpa Police Station Case No. 11 of 2024, dated

                            18.03.2024, disclosing offence under 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 a

                            motorcycle and on seeing the police, the rider fled away

                            leaving the motorcycle. On search of the motorcycle, the

                            police recovered 06 litres of illicit liquor from the dicky

                            of the said motorcycle.

                       4.   Learned Counsel for the petitioner submits that the

                            petitioner is innocent and has falsely been implicated in
Patna High Court CR. MISC. No.7930 of 2026(2) dt.17-02-2026
                                            2/3




                   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/-

                   (ten thousand) with two sureties of the like amount each

                   to the satisfaction of learned Special Excise Court-II,

                   Jehanabad, in connection with Shahartelpa Police Station
            Patna High Court CR. MISC. No.7930 of 2026(2) dt.17-02-2026
                                                        3/3




                              Case No. 11 of 2024, subject to the condition laid down

                              under Section 482 (2) of the Bharatiya Nagarik Suraksha

                              Sanhita, 2023.



                                                                          (Anil Kumar Sinha, J.)
Prabhakar Anand/-

U √     T   √


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.