Patna High Court
Uttam Basak @ UttamversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court granted anticipatory bail to the petitioner.
Summary
Uttam Basak, the registered owner of a motorcycle, was implicated when 2.5 litre of illicit foreign liquor was recovered from the vehicle and he was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, contending that he was not present at the place of occurrence, had no knowledge of the liquor, and that the seizure violated Section 103 of the BNSS. The State opposed the bail, arguing that the recovery was made from his motorcycle and that the allegation in the FIR was sufficient. The High Court examined the facts, noted the absence of conscious possession, the petitioner’s clean antecedent, and the procedural irregularities. Relying on its inherent powers under Section 482(2) of the BNSS, the Court granted anticipatory bail on a bond of Rs 10,000 with two sureties. The application was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner can be held liable solely on the basis of ownership of the vehicle.
- Whether the seizure of the liquor complied with Section 103 of the BNSS.
- Whether the charges under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act are sustainable.
Legislation cited
- BNSS — s. 103, 482(2)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- seizure procedure
- ownership liability
- Section 103 BNSS
- Section 482(2) BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9051 of 2026
Arising Out of PS. Case No.-124 Year-2025 Thana- PUWAKHALI District- Kishanganj
======================================================
Uttam Basak @ Uttam Son of Dahalu Basak R/o Village - Kharudah Basak
Tola, P.S. - Pauwakhali, District Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mrs. 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 Pauwakhali P.S. Case No. 124 of 2025, giving
rise to Special Case No. 1094 of 2025 registered for the offences
punishable under Sections 30(a) and 32(3) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 2.500 litre illicit foreign
liquor was recovered from the motorcycle in question and local
chaukidar disclosed the name of the petitioner as he is owner of
the motorcycle in question.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
Patna High Court CR. MISC. No.9051 of 2026(2) dt.18-02-2026
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in the F.I.R. and he has falsely been implicated in this case. He
further submits that petitioner was not found at the place of
occurrence and nothing has been recovered from the conscious
possession of the petitioner. The name of the petitioner has
transpired only on the basis that he is the registered owner of the
motorcycle in question. He further submits that petitioner had
no knowledge regarding carrying of illicit liquor in the said
vehicle and the same has been misused by someone. There is no
specific allegation showing participation of the petitioner in the
alleged occurrence. Seizure list has not been prepared as per law
and there is complete violation of Section 103 of the BNSS. In
the light of the aforesaid facts and circumstances of the case, no
case is made out against the petitioner under the provisions of
the Bihar Prohibition and Excise Act. Apart from that, petitioner
having 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 motorcycle of the
petitioner and he cannot escape from the allegation made in the
F.I.R.
6. Considering the facts and circumstances of the
case, petitioner was not found at the place of occurrence,
Patna High Court CR. MISC. No.9051 of 2026(2) dt.18-02-2026
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nothing has been recovered from the conscious possession of
the petitioner, keeping in view clean antecedent of petitioner,
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
amount each to the satisfaction of learned Exclusive Special
Judge, Excise-II, Kishanganj in connection with Pauwakhali
P.S. Case No. 124 of 2025, giving rise to Special Case No. 1094
of 2025, subject to the conditions as laid down under Section
482(2) of BNSS.
7. The application stands allowed.
(Alok Kumar Pandey, J)
Nilmani/-
U T
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