Patna High Court
Bikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioner is entitled to pre‑arrest bail, subject to the conditions imposed under Section 482(2) of the CrPC.
Summary
The petitioner, Bikash Kumar, sought pre‑arrest bail in an excise case where 2 litres of illicit liquor were seized from a motorcycle he owned but was being driven by his brother. He claimed he had no knowledge of the liquor and that he had a clean criminal record. The State opposed the bail, arguing the seriousness of the offences under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The Court examined the FIR, the petitioner’s lack of presence at the time of seizure, and his clean antecedent, and noted the State’s failure to implement its liquor policy. Concluding that the petitioner had made out a prima facie case, the Court granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC. The District Court was directed to verify the petitioner’s criminal antecedent and to cancel the bail if any other involvement is found.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail under Section 482(2) of the CrPC in a case under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act.
- Whether ownership of the vehicle used by a co‑accused, without knowledge of the illicit liquor, suffices to justify bail.
- Whether the petitioner’s clean criminal antecedent influences the grant of bail.
Legislation cited
- Code of Criminal Procedure — s. 482(2)
Subjects
- pre‑arrest bail
- excise law
- illicit liquor
- vehicle ownership
- clean antecedent
- Section 482 CrPC
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8244 of 2026
Arising Out of PS. Case No.-181 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Bikash Kumar Son of Anil Saw R/o village - Kawakol, P.S.- Kawakol, Dist.-
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr.Md. Iftekhar Mahmood, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Pramod Kumar Verma, learned counsel
appearing on behalf of the petitioner and Mr. Md. Iftekhar
Mahmood, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Excise P.S. Pakri Barawan (Nawada) Case No. 181 of
2025 registered for the offence(s) punishable under Sections
30(a) and 47 of the Bihar Prohibition and Excise Act.
3. As per the allegation made in the FIR, 2 litres of
illicit liquor was recovered from a motorcycle bearing
Registration No.BR46M 5056.
4. Learned counsel appearing on behalf of the
petitioner submitted that petitioner is innocent and has falsely
been implicated in the present case. Admittedly, at the time of
Patna High Court CR. MISC. No.8244 of 2026(2) dt.17-02-2026
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the alleged seizure and recovery of illicit liquor, petitioner was
not present and he has been made accused in this case, being the
owner of the vehicle in question, which was given by the
petitioner to his brother/co-accused Prince Kumar in good faith
and the same was being driven by him at the time of said
incidence and as such the petitioner had no idea that he was
carrying liquor on the said motorcycle. Petitioner has no
concern with the seized liquor. Petitioner has clean antecedent.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having considered the rival submissions made on
behalf of the parties, as well as, having perused the allegation
made in the FIR and the fact that petitioner has clean antecedent
and also the fact that the State has failed to implement its liquor
policy in its true spirit, I am of the opinion that petitioner has,
prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
released on pre-arrest bail, in the event of his arrest or surrender
before the learned District Court within a period of four weeks
from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) with two sureties of the like amount each to the
satisfaction of learned Concerned Court where the case is
Patna High Court CR. MISC. No.8244 of 2026(2) dt.17-02-2026
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pending in connection with Excise P.S. Pakri Barawan
(Nawada) Case No. 181 of 2025, subject to the conditions as
laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the
criminal antecedent of the petitioner and if it is found that the
petitioner is involved in some other cases, as what has been
stated in paragraph no.3 of the bail application, this order will
automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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