Patna High Court
Raju PrakashversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Anticipatory bail was granted to the petitioner subject to conditions, as the prosecution failed to establish a prima facie case against him.
Summary
Raju Prakash, the owner of a motorcycle from which 3.75 litres of illicit liquor was recovered, sought anticipatory bail after learning that he might be arrested in a case under Sections 30(a) and 37 of the Bihar Prohibition and Excise Act. He argued that he was not named in the FIR, was not present at the scene, and that the liquor could have been planted on his vehicle by an adversary. The State contended that ownership of the motorcycle linked him to the offence and opposed bail. The Court examined the material, noting the petitioner’s clean antecedent, lack of any incriminating article in his possession, and the possibility of false implication. Considering these factors, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 and two sureties, with conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioner, as the owner of the motorcycle from which illicit liquor was recovered, is liable to be arrested under the Bihar Prohibition and Excise Act.
- Whether anticipatory bail should be granted in view of the petitioner’s alleged involvement and clean antecedent.
Legislation cited
- Bihar Negotiable Securities Act — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- ownership of vehicle
- false implication
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8868 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- PATLIPUTRA District- Patna
======================================================
Raju Prakash Son of Binay Kumar R/O - Sidharth Hotel, East Boring Canal
Road, P.S. - Budha Colony, Distt. - Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd Singh, Advocate
For the Opposite Party/s : Mr.Veena Kumari Jaiswal, 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 Patliputra P.S. Case No. 03 of 2026 registered
for the offences punishable under Sections 30(a) and 37 of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 3.750 litre illicit liquor
was recovered from the motorcycle in question and co-accused
Ajit Rajak 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 the owner of the motorcycle in question. He further
submits that petitioner is innocent and has committed no offence
Patna High Court CR. MISC. No.8868 of 2026(2) dt.18-02-2026
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as alleged in the FIR and he has falsely been implicated in this
case. Petitioner was not found at the place of occurrence and he
was not in any way connected with the alleged recovery. He
further submits that the motorcycle was parked by the roadside,
and there was every possibility that at the instance of enemy the
alleged illicit liquor might be placed in the handle of the
motorcycle in order to falsely implicate the petitioner. Petitioner
is not in any way connected with the alleged recovery. No
incriminating article has been recovered from the conscious
possession of the petitioner. 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
petitioner is owner of the motorcycle in question from which
3.750 litre illicit liquor has been recovered 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.8868 of 2026(2) dt.18-02-2026
3/3
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 Bihar
Prohibition and Excise – Ist, Patna in connection with Patliputra
P.S. Case No. 03 of 2026, 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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