Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, finding no sufficient basis to detain him under the cited provisions.
Summary
The petitioner, Rajesh Kumar, sought anticipatory bail after the police registered a case (Narhat P.S. Case No. 217 of 2025) under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged recovery of 5.250 litres of foreign liquor. The liquor was seized from a plastic tray, and the co‑accused, Rajeev Kumar, was apprehended on the spot along with a motorcycle that the petitioner owned. The petitioner contended that he was not named in the FIR, had no knowledge of the offence, was not present at the scene, and that the motorcycle was taken by the co‑accused in good faith, thus he could not be held liable. The State opposed the bail, arguing that ownership of the motorcycle linked the petitioner to the offence. Considering the petitioner’s clean antecedent, lack of possession, and the circumstances, the court granted anticipatory bail subject to a bail bond and sureties, invoking Section 482(2) of the B.N.S.S. The application was allowed.
Issues considered
- Whether the petitioner can be held liable under Section 30(a) of the Bihar Prohibition and Excise Act for the seized liquor.
- Whether anticipatory bail is appropriate in the present facts under Section 482(2) of the B.N.S.S.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- motorcycle ownership
- clean antecedent
- Section 482(2) B.N.S.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8727 of 2026
Arising Out of PS. Case No.-217 Year-2025 Thana- NARHATT District- Nawada
======================================================
Rajesh Kumar Son of Shiv Charan Saw R/o Village - Tili Tola, Hisua, P.S. -
Hisua, Dist. - Nawada.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Adv.
For the State : Mr. Akbar Ali, 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 Narhat P.S. Case No. 217 of 2025 registered for
the offence punishable under Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per prosecution case, there is alleged recovery
of 5.250 litre foreign liquor from plastic tray in question and co-
accused Rajeev Kumar was apprehended on the spot along with
motorcycle.
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
Patna High Court CR. MISC. No.8727 of 2026(2) dt.18-02-2026
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this case being owner of motorcycle in question. Petitioner bears
no criminal antecedent. Learned counsel orally submits that co-
accused Rajeev Kumar had taken the motorcycle of the
petitioner in good faith and petitioner had no knowledge that his
motorcycle was being used in the said offence and hence, he
cannot be held responsible for the alleged recovery. 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 name of
the petitioner transpired in this case as 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
Patna High Court CR. MISC. No.8727 of 2026(2) dt.18-02-2026
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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 Court, Excise-1,
Nawada in connection with Narhat P.S. Case No. 217 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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