Patna High Court
Bashishth Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
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
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bihar Prohibition and Excise Act, 2016 — s. 30(a)
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
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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/-
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