Patna High Court
Chunnu 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 deny bail under the cited provisions.
Summary
The petitioner, Chunnu Kumar, sought anticipatory bail after being implicated in a case involving 15 litres of illicit liquor recovered from his scooter, which was allegedly used by co‑accused Rahul Kumar. The prosecution alleged a violation of Section 30(A) of the Bihar Prohibition and Excise Act, 2023, while the petitioner contended that he was not named in the FIR, had no knowledge of the liquor, and was not present at the scene. He argued that the scooter was merely lent to Rahul Kumar and no incriminating article was found in his possession. The State opposed bail, asserting that the recovery was made from the petitioner’s vehicle. The Court, considering the petitioner’s clean antecedent and lack of direct involvement, granted anticipatory bail subject to a bail bond and sureties under Section 482(2) of the BNSS. The application was therefore allowed.
Issues considered
- Whether the petitioner is liable under Section 30(A) of the Bihar Prohibition and Excise Act, 2023 for the alleged illicit liquor offence.
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the BNSS despite the recovery of liquor from his scooter.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(A)
- Section 482(2)
- criminal procedure
- scooter ownership
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8844 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- GARDANIBAG District- Patna
======================================================
Chunnu Kumar S/O Harnand Nonia Resident of Village - Govindpur, P.S-
Phulwari Sharif, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pronoti Singh, A.P.P.
======================================================
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 Special Case No. 921 of 2025 arising out of
Gardanibagh P.S. Case No. 360 of 2025 registered for the
offences punishable under Section 30(A) of the Bihar
Prohibition and Excise Act, 2023.
3. As per prosecution case, 15 liter illicit liquor was
recovered from the Scooty in question and co-accused Rahul
Kumar was apprehended on the spot.
4. Learned counsel for the petitioner submits that
petitioner is not named in FIR. During the course of
investigation, the name of the petitioner has been transpired in
this case as a owner of the Scooty in question. He further
Patna High Court CR. MISC. No.8844 of 2026(2) dt.18-02-2026
2/3
submits that on the alleged date of occurrence, one Rahul
Kumar borrowed the Scooty of the petitioner for some urgent
work and he misused the said vehicle of the petitioner.
Petitioner had no knowledge that his Scooty was being used for
carrying illicit liquor. Petitioner is innocent and has committed
no offence as alleged in the FIR and he has falsely been
implicated in this case. Petitioner was not found at the place of
occurrence. No incriminating article has been recovered from
the conscious possession of the petitioner. Petitioner has nothing
to do with the alleged occurrence. 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. Petitioner bears no criminal antecedent.
5. The learned A.P.P. for the State opposes the
prayer for anticipatory bail of the petitioner by submitting that
the alleged recovery has been made from the Scooty of the
petitioner and hence, he cannot escape from the allegation made
in FIR.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
keeping in view clean antecedent of petitioner, argument
advanced on behalf of both sides and also taking into
Patna High Court CR. MISC. No.8844 of 2026(2) dt.18-02-2026
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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 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 Special Court
Excise-I, Patna in connection with Special Case No. 921 of
2025 arising out of Gardanibagh P.S. Case No. 360 of 2025 ,
subject to the conditions as laid down under Section 482 (2)of
BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
alok/-
U T
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