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Patna High Court

Bikash KumarversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                       3/3




                     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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