Patna High Court
Govind Kumar @ Govinda KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
Since the petitioner was not the owner of the premises where the illicit liquor was recovered and there was no material linking him to the offence, the court granted anticipatory bail under Section 482(2) of the B.N.S.S.
Summary
The petitioner, Govind Kumar, sought anticipatory bail after being implicated in a case involving the recovery of 9 litres of illicit country-made liquor from a paddy field adjacent to a godown. The prosecution alleged that the liquor was recovered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 and that the petitioner was named in the FIR. The petitioner contended that he was neither the owner of the premises nor present at the scene, and argued that there was no material evidence or compliance with Section 103 of the B.N.S.S. linking him to the offence. The State opposed the bail, asserting that the petitioner’s name in the FIR sufficed for arrest. The court, after considering the lack of ownership, absence from the site, and insufficient evidence, 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 arrested under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022 in the present circumstances.
- Whether anticipatory bail is appropriate when the petitioner is not the owner of the recovered premises and no direct evidence links him to the offence.
- Whether the procedural requirements of Section 103 of the B.N.S.S. have been satisfied.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 103
- Section 482
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8897 of 2026
Arising Out of PS. Case No.-317 Year-2025 Thana- CHHAURADANO District- East
Champaran
======================================================
Govind Kumar @ Govinda Kumar S/o Ashok Ram Resident of village -
Ekdari, P.S - Chhauradano, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Singh, Advocate
Mr. Mayank Prasanna Dubey, Advocate
For the Opposite Party/s : Mr.Nand Kishore Prasad, 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 Chhauradano P.S. Case No. 317 of 2025,
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise (Amendment) Act, 2022.
3. As per prosecution-case, 9 litre country-made illicit
liquor was recovered from the paddy field beside the godown of
Rambabu Prasad and local Chowkidar disclosed the names of
petitioner and other who managed to flee away from the place
of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
Patna High Court CR. MISC. No.8897 of 2026(2) dt.18-02-2026
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alleged in the F.I.R. He further submits that petitioner is not the
owner of the place of recovery and he was not found on the
alleged place of occurrence. Hence, petitioner cannot be held for
the alleged recovery of liquor. Because of having criminal
antecedents of four cases, petitioner has been falsely made
accused in this case. Except suspicion, there is nothing on
record to connect the petitioner with the alleged occurrence and
there is no compliance of Section 103 of B.N.S.S. Hence, no
offence is made out against the petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner is named in the F.I.R. and he cannot
escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, petitioner is not the owner of the place of recovery and he
was not found on the alleged 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 anticipatory bail on furnishing bail-bond of
Rs.10,000/- (rupees ten thousand) with two sureties of the like
Patna High Court CR. MISC. No.8897 of 2026(2) dt.18-02-2026
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amount each to the satisfaction of learned Exclusive Special
Excise Court No. 02, East Champaran at Motihari in connection
with Chhauradano P.S. Case No. 317 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)
K.C.Jha/-
U T
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