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Patna High Court

Shiv Mangal Pandey @ Sheo Mangal PandeyversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The court held that the petitioner is entitled to anticipatory bail despite being the vehicle’s owner, as he had no knowledge of the illicit liquor, was not present at the scene, and possesses a clean antecedent, subject to conditions under Section 482(2) of the B.N.S.S.

Summary

Shiv Mangal Pandey applied for anticipatory bail after the police recovered 8.625 litres of illicit liquor and a motorcycle in a case under Section 30(a) of the Bihar Excise Act. The petitioner claimed he was not named in the FIR, had no knowledge that his motorcycle was used to transport the liquor, and that a neighbour had taken the bike without his consent. He also highlighted his clean criminal record and that he was not present at the place of occurrence. The State opposed bail, arguing that ownership of the motorcycle made him liable. The High Court, considering the petitioner’s lack of knowledge, absence from the scene, and clean antecedent, granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether ownership of a vehicle used to transport illicit liquor makes the owner liable under Section 30(a) of the Bihar Excise Act.
  • Whether anticipatory bail can be granted under Section 482(2) of the B.N.S.S. given the facts of the case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Excise Act
  • illicit liquor
  • vehicle ownership
  • clean antecedent
  • Section 482(2)

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.8721 of 2026
                       Arising Out of PS. Case No.-84 Year-2025 Thana- Karnamepur District- Bhojpur
                 ======================================================
                 Shiv Mangal Pandey @ Sheo Mangal Pandey Son of Ram Ashish Pandey
                 Resident of Village - Gopalpur, P.S.- Shahpur, District - Bhojpur.

                                                                                       ... ... Petitioner
                                                         Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ajay Kumar Singh, Adv.
                 For the State            :        Mr. Sanjay Kumar Pandey, 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 Karnamepur P.S. Case No. 84 of 2025

                   registered for the offence punishable under Section 30(a) of

                   Bihar Excise Act.

                                 3. As per prosecution case, there is alleged recovery

                   of 8.625 litre illicit liquor from the bag in question and one

                   motorcycle was also seized from the place of occurrence.

                                 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 motorcycle in question. He further
Patna High Court CR. MISC. No.8721 of 2026(2) dt.18-02-2026
                                            2/3




          submits that next door neighbour of the petitioner had taken the

          motorcycle of the petitioner to buy medicine and petitioner had

          no knowledge that his motorcycle was being used in carrying

          the illicit liquor and hence, he cannot be held responsible for the

          alleged recovery. 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 motorcycle in question 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

          event of his arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on
            Patna High Court CR. MISC. No.8721 of 2026(2) dt.18-02-2026
                                                        3/3




                      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 Court No. 2,

                      Bhojpur at Ara in connection with Karnamepur P.S. Case No. 84

                      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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