Patna High Court
Ravi KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The Court allowed the petition for anticipatory bail, subject to bond and surety conditions.
Summary
The petitioner, Ravi Kumar, the owner of a motorcycle, was implicated in an excise case where 2 litres of illicit liquor were recovered from his vehicle and three co‑accused were arrested. He argued that he was not named in the FIR, had lent the motorcycle to Basant Yadav, and had no knowledge of the liquor being transported, asserting his innocence and clean criminal record. The State opposed his anticipatory bail, contending that the recovery of liquor from the motorcycle linked him to the offence. The Court examined the facts, noting the petitioner’s absence from the scene and lack of incriminating material in his possession. Considering these circumstances and his clean antecedents, the Court ordered that, if arrested, the petitioner be released on anticipatory bail upon furnishing a bail bond and sureties, subject to conditions under Section 482(2) of the BNSS. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to a person not named in the FIR but whose vehicle was used in the alleged offence
- Whether the recovery of illicit liquor from the petitioner’s motorcycle suffices to deny bail
Subjects
- anticipatory bail
- excise law
- illicit liquor
- motor vehicle ownership
- Bihar Prohibition and Excise Act
- Section 30
- Section 32
- Section 37
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8846 of 2026
Arising Out of PS. Case No.-1390 Year-2025 Thana- Excise P.S. District- Aurangabad
======================================================
Ravi Kumar Son of Gopal Yadav Resident of Ward no. 14, Shahpur road
Tikri, PS- Aurangabad Town Dist- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Adarsh Singh, Advocate
For the Opposite Party/s : Ms. Asha Devi, 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 Aurangabad Excise P.S. Case No. 1390 of 2025
registered for the offences punishable under Sections 30(a),
32(3), 37 of the Bihar Prohibition and Excise (Amendment) Act,
2018.
3. As per prosecution case, 2 litre illicit chulai
liquor was recovered from the motorcycle in question and co-
accused Basant Yadav, Amresh Yadav and Sanjay Yadav were
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
Patna High Court CR. MISC. No.8846 of 2026(2) dt.18-02-2026
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this case as the owner of the motorcycle in question. He further
submits that on the alleged date of occurrence petitioner gave
his motorcycle to Basant Yadav and he misused the said
motorcycle. Petitioner had no knowledge that his motorcycle
was being used for carrying illicit liquor. Petitioner was not
found at the place of occurrence. No incriminating article has
been recovered from the conscious possession of the petitioner.
Petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case due to
high handedness of the police. 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 the motorcycle in question
and hence, petitioner 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.8846 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 Judge Excise
Court No. II, Aurangabad, Bihar in connection with
Aurangabad Excise P.S. Case No. 1390 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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