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Patna High Court

Ambuj Kumar @ Bablu YadavversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                          3/3




                        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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