Patna High Court
Shiv Mangal Pandey @ Sheo Mangal PandeyversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- B.N.S.S. — s. 482(2)
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
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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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