Patna High Court
Nikhil KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court allowed the anticipatory bail application, finding no sufficient grounds to deny bail to the vehicle owner.
Summary
The petitioner, Nikhil Kumar, sought anticipatory bail after the police recovered 31.5 litres of illicit liquor from a motorcycle he owned in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2022. He argued that he was not named in the FIR, was not present at the scene, and had merely lent the vehicle to a co‑villager for personal errands, thus lacking any participation in the alleged offence. The State opposed the bail, contending that ownership of the vehicle implicated the petitioner. The court considered the petitioner’s clean antecedent, his absence at the place of occurrence, and the lack of any incriminating material found on him. Relying on Section 482(2) of the B.N.S.S., the court granted anticipatory bail subject to a bail bond and sureties. The application was allowed, permitting the petitioner to avoid arrest for six weeks pending trial.
Issues considered
- Whether the owner of a vehicle from which illicit liquor is recovered can be granted anticipatory bail under Section 482(2) of the B.N.S.S.
- Whether the petitioner’s lack of presence at the scene and clean antecedent justify the grant of anticipatory bail.
Legislation cited
- B.N.S.S. — s. 482(2)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- vehicle ownership
- Section 30
- Section 482
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9031 of 2026
Arising Out of PS. Case No.-313 Year-2025 Thana- NAVINAGAR District- Aurangabad
======================================================
Nikhil Kumar S/o Upendra Singh R/o Village- Bardiha, P.s.- Nabinagar,
Distt.- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Mukul Kumari, Advocate
For the Opposite Party/s : Mr.Ram Sevak Choudhary, 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 Nabinagar P.S. Case No. 313 of 2025,
registered for the offence punishable under Section 30(a) of
Bihar Prohibition and Excise Amendment Act, 2022.
3. As per prosecution-case, there is alleged recovery
of 31.5 litre illicit liquor from the carton kept on the motorcycle
in question.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has committed no offence as
alleged in the F.I.R. It is further submitted that petitioner is not
named in the F.I.R. and his name transpired during the course of
investigation as he is the owner of the vehicle in question.
Patna High Court CR. MISC. No.9031 of 2026(2) dt.18-02-2026
2/3
Learned counsel further submits that petitioner had given his
motorcycle to his co-villager for purchasing house-hold articles
and petitioner cannot be held liable for the alleged recovery
from the vehicle in question. Petitioner was not found at the
place of occurrence and no incriminating article has been
recovered from the physical possession of the petitioner.
Petitioner was not, in any way, concerned with the alleged
recovery. In light of the aforesaid facts and circumstances, no
offence, as alleged in the F.I.R., is made out against the
petitioner. Apart from that, petitioner has clean antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner and
submits that petitioner, being the owner of the vehicle, cannot
escape from the allegations made in the F.I.R.
6. Considering the facts and circumstances of the
case, keeping in view clean antecedent of the 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 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
Patna High Court CR. MISC. No.9031 of 2026(2) dt.18-02-2026
3/3
Rs.10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned District and Addl.
Sessions Judge-cum-Exclusive Special Judge, Excise Court
No.01, Aurangabad in connection with Nabinagar P.S. Case No.
313 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
Checking your session…