Patna High Court
GurnekversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioner, finding no sufficient basis to arrest him under the Prohibition and Excise Act.
Summary
The petitioner, Gurnek, owner of an auto‑rickshaw, faced arrest in a case where 90 litres of illicit Nepali liquor were recovered from the vehicle. He contended that he merely rented the rickshaw to a driver, had no knowledge of the contraband, was not present at the scene, and possessed a clean criminal record. The State argued that ownership of the rickshaw implicated him under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The High Court examined the facts, the petitioner’s lack of conscious possession, and his antecedents, and considered the applicability of anticipatory bail under Section 482(2) of the Bihar Negotiable Securities Act. Concluding that the petitioner was not directly involved, the Court granted anticipatory bail subject to a bond and sureties, directing his surrender within six weeks.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is recovered can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act, 2018.
- Whether anticipatory bail is appropriate in the present circumstances under Section 482(2) of the Bihar Negotiable Securities Act.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- vehicle owner liability
- illegal liquor
- Section 30(a)
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8703 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- KANHAULI District- Sitamarhi
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Gurnek Son of Ganesh Paswan Resident of Village - Kuari Madan, ward no.7,
P.S.-Majorganj Dist.- Sitamarhi
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Virendra Kumar, Adv.
For the State : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner is apprehending his arrest in
connection with Kanhauli P.S. Case No. 133 of 2025 registered
for the offence punishable under Section 30(a) of Bihar
Prohibition and Excise Act, 2018.
3. As per prosecution case, there is alleged recovery
of 90 litre country made Nepali liquor from Auto Rickshaw in
question.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR. He further submits that petitioner is not named in the
FIR and during course of investigation, his name transpired in
this case being owner of Auto Rickshaw in question. Learned
Patna High Court CR. MISC. No.8703 of 2026(2) dt.18-02-2026
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counsel further submits that petitioner used to give his E-
Rickshaw to the driver on monthly rental basis and petitioner
had no knowledge that alleged Auto Rickshaw was being used
in carrying the illicit liquor and hence, he cannot be held
responsible for the alleged recovery. Apart from that, petitioner
bears no criminal antecedent. He further submits that nothing
has been recovered from conscious possession of the petitioner.
Petitioner was not found at the place of occurrence. Petitioner
has no concern with the seized liquor. In the light of the
aforesaid facts and circumstances of the case, no case is made
out against the petitioner under the provisions of Bihar
Prohibition and Excise Act.
5. The learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner and submits that petitioner
is owner of the Auto Rickshaw in question from which 90 litre
country made Nepali liquor has been recovered and hence,
petitioner cannot escape from the allegation made in the FIR.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of petitioner, petitioner
was not found at the place of occurrence, argument advanced on
behalf of both sides and also taking into consideration the
material available on record, the petitioner above-named, in the
Patna High Court CR. MISC. No.8703 of 2026(2) dt.18-02-2026
3/3
event of his arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees
ten thousand) with two sureties of the like amount each to the
satisfaction of learned Exclusive Special Excise Judge-1,
Sitamarhi/concerned court in connection with Kanhauli P.S.
Case No. 133 of 2025, subject to the conditions as laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Alok Kumar Pandey, J)
shahzad/-
U T
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