Patna High Court
Vivek Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioner, subject to bond and surety conditions, and directed verification of his criminal antecedents.
Summary
Vivek Kumar Prasad, the owner of a motorcycle from which 15.48 litres of illicit liquor was recovered, applied for pre‑arrest bail under Section 30(a) of the Bihar Prohibition and Excise Act. He contended that he was falsely implicated, was not named in the FIR, and had no knowledge of the liquor being on his vehicle. The State opposed the bail. The High Court, noting the lack of his name in the FIR, the open‑space recovery of the vehicle, and the State’s failure to implement liquor policy, granted pre‑arrest bail subject to a Rs.10,000 bond with two sureties and a four‑week surrender condition. The Court also directed the District Court to verify any prior criminal antecedents and warned that the order would lapse if any pending case is discovered. Additionally, the Court urged the Chief Secretary to ensure the petitioner’s rehabilitation in line with Article 47 of the Constitution.
Issues considered
- Whether the petitioner is entitled to pre‑arrest bail despite the recovery of illicit liquor from his vehicle.
- Whether the absence of the petitioner’s name in the FIR and the circumstances of seizure justify granting bail under Section 482(2) of the BNSS.
Legislation cited
- Bihar Negotiable Securities Act (BNSS) — s. 482(2)
Subjects
- pre‑arrest bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30
- Section 482
- Article 47
- juvenile offender
- rehabilitation
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8391 of 2026
Arising Out of PS. Case No.-253 Year-2025 Thana- KOPA District- Saran
======================================================
Vivek Kumar Prasad Son of Satrudhan Prasad @ Satrudhan Sah Resident of
Village- Manjhi Gorha Par, P.S.- Manjhi, District- Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Priyanshu Kumar Singh, Advocate
For the Opposite Party/s : Mr.Arun Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 17-02-2026 Heard Mr. Priyanshu Kumar Singh, learned counsel
appearing on behalf of the petitioner and Mr. Arun Kumar,
learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection
with Kopa P.S. Case No. 253 of 2025 registered for the offence
punishable under Section 30 (a) of the Bihar Prohibition and
Excise Act as amended up-to-date.
3. Allegation is of recovery of 15.48 litres of illicit
liquor from a motorcycle bearing Registration No. BR04AK
7522.
4. Learned counsel appearing on behalf of the
petitioner submits that the petitioner has been falsely implicated
in the present case. Petitioner has no concern with the seized
liquor nor he is involved in trade of liquor in any manner. Name
Patna High Court CR. MISC. No.8391 of 2026(2) dt.17-02-2026
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of the petitioner has surfaced in course of investigation because
petitioner is the owner of the motorcycle bearing Registration
No. BR04AK 7522. The petitioner, aged about 26 years, is not
named in the FIR and the motorcycle was recovered from an
open space. There is every likelihood that some unknown
person might have kept the illicit liquor on the motorcycle
without the petitioner’s knowledge. 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 fact that recovery of 15.48 litres of
illicit liquor has been made from a motorcycle bearing
Registration No. BR04AK 7522, as well as, the fact that the
petitioner is not named in the FIR and the seized motorcycle
was recovered from an open space and also the fact that the
State has failed to implement liquor policy in its true spirit, 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
the learned District Court where the case is pending, in
Patna High Court CR. MISC. No.8391 of 2026(2) dt.17-02-2026
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connection with Kopa P.S. Case No. 253 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. Before parting with the order, I find that this Court
must not abdicate from its constitutional duty to advise the
Chief Secretary to take proper care of the petitioner and his
rehabilitation, having failed to carry the mandate of Article 47
of the Constitution of India in its true spirit, particularly in
those case where juvenile or those who are aged between 18 to
35 years are indulged into offences relating to Excise Act, 2016.
9. Let a copy of this order be communicated to the
Chief Secretary, Government of Bihar.
(Purnendu Singh, J)
Ashishsingh/-
U T
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