Patna High Court
Ambuj Kumar @ Bablu YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The court granted pre‑arrest bail to the petitioner, subject to a bond and sureties, under Section 482(2) of the BNSS.
Summary
The petitioner, Ambuj Kumar, sought pre‑arrest bail in a case where 120 litres of illicit liquor were seized from an auto‑rickshaw registered in his name. He claimed the vehicle was being used by his brother, Arvind Kumar, who was arrested at the scene, and that he had no knowledge of the liquor or involvement in its trade. The State opposed the bail, arguing the registration linked the petitioner to the offence under Section 30(a) of the Bihar Prohibition and Excise Act. The court noted the petitioner’s clean antecedent, the lack of direct evidence of his participation, and the State’s failure to enforce its liquor policy, and therefore granted pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of his criminal record. The order also directed the district court to verify any pending cases against the petitioner, after which the bail application was disposed.
Issues considered
- Whether pre‑arrest bail can be granted when the accused is implicated solely on the basis of vehicle registration.
- Whether the petitioner’s clean antecedent and lack of knowledge of the illicit liquor justify granting bail.
- Whether Section 482(2) of the BNSS can be invoked to condition the bail.
Legislation cited
- BNSS — s. 482(2)
Subjects
- pre‑arrest bail
- vehicle registration
- illicit liquor
- Bihar Prohibition and Excise Act
- clean antecedent
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8300 of 2026
Arising Out of PS. Case No.-391 Year-2025 Thana- MADANPUR District- Aurangabad
======================================================
Ambuj Kumar @ Bablu Yadav, (Aged about- 21 Years, Male) Son of Late
Krishna Yadav, R/o Village - Bariyawan, Tole - Kataiya, P.S - Salaiya,
District-Aurangabad,(Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar, Advocate
For the Opposite Party/s : Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Ranjit Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Shahabuddin
Azeem @ S. Azeem, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Madanpur P.S. Case No. 391 of 2025 registered for the
offence punishable under Sections 30 (a) of the Bihar
Prohibition and Excise Act as amended up-to-date.
3. Allegation is of recovery of 120 litres of illicit
liquor from an auto rikshaw bearing Registration No. BR-02PC-
1241 registered in the name of the petitioner.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been implicated in the
present case on the basis of registration certificate of the
Patna High Court CR. MISC. No.8300 of 2026(2) dt.17-02-2026
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vehicle, which was being used by his own brother namely,
Arvind Kumar, who was arrested on the spot in course of
checking and the petitioner had no knowledge that his vehicle
was being misused for carrying illicit liquor. Petitioner has no
concern with the alleged seized liquor nor he is involved in
trade or manufacturing of illicit liquor in any manner. Petitioner
denied his complicity in the alleged offence. Petitioner has clean
antecedent. On these grounds, petitioner seeks to be released on
pre-arrest bail.
5. Learned APP for the State has vehemently opposed
the prayer for grant of pre-arrest bail to the petitioner.
6. Considering the rival submissions made on behalf
of the parties, as well as, the fact that the petitioner has been
implicated in the present case on the basis of registration
certificate of the vehicle, which was being used by his own
brother namely, Arvind Kumar, who was arrested on the spot in
course of checking, petitioner has clean antecedent and also the
fact that the State has failed to implement its liquor policy in its
true spirit, the petitioner, above named, is directed to be released
on pre-arrest bail, in the event of his/her 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
Patna High Court CR. MISC. No.8300 of 2026(2) dt.17-02-2026
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Thousand) with two sureties of the like amount each to the
satisfaction of the learned District Court where the case is
pending, in connection with Madanpur P.S. Case No. 391 of
2025, subject to the condition as laid down under Section 482(2)
of the BNSS.
7. The learned District Court is directed to verify
the criminal antecedent of the petitioner as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioner as what has been stated in
paragraph no. 3, this order will lose its force automatically.
8. The present bail application is disposed of.
(Purnendu Singh, J)
Niraj/-
U T
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