Patna High Court
Vikash KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SHAILENDRA SINGH
Holding
The Court granted anticipatory bail to the petitioner, holding that mere ownership of the seized motorcycle does not establish a prima facie case of guilt.
Summary
Vikash Kumar, the registered owner of a motorcycle seized in a liquor‑trafficking operation, filed a petition for anticipatory bail under the Bihar Prohibition & Excise Act, 2016. The prosecution alleged that the motorcycle was used to transport illicit liquor, but the petitioner claimed he had no knowledge of the offence and had a clean record. The State opposed the bail but conceded that the petitioner was implicated solely because he owned the vehicle. The Court examined whether the ownership alone sufficed to establish a prima facie case under Section 30(a) and Section 76(2) of the Excise Act. Finding no substantive involvement by the petitioner, the Court granted anticipatory bail subject to a bond and sureties, invoking its inherent powers under Section 482(2) of the CrPC.
Issues considered
- Whether ownership of a vehicle seized in a liquor‑trafficking case is sufficient to constitute a prima facie case for anticipatory bail under the Bihar Prohibition & Excise Act, 2016.
- Whether Section 76(2) of the Excise Act bars the grant of anticipatory bail in the present circumstances.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
Subjects
- anticipatory bail
- liquor trafficking
- vehicle ownership
- excise law
- Section 30
- Section 76
- Section 482
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9055 of 2026
Arising Out of PS. Case No.-133 Year-2025 Thana- AMBA District- Aurangabad
======================================================
Vikash Kumar, Son of Rajendra Chaudhary R/o Wasilpur, P.S. and P.O. -
Arwal, Dist. - Arwal.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Shalini, Adv.
Mr. Santosh Kumar, Adv.
Mr. Shubhendu Shekhar, Adv.
Mr. Md. Khalid Quraishi, Adv.
For the Opposite Party/s : Mr. Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
2 17-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in
connection with Amba P.S. Case No. 133 of 2025 dated
29.08.2025 registered for the offence punishable under section
30(a) of the Bihar Prohibition & Excise Act, 2016 (in short
‘Excise Act’).
3. The main submissions advanced by petitioner’s
counsel are that as per the prosecution story, three motorcycles
were suspected to be involved in trafficking of illicit liquor and
they were stopped by the police and all the persons riding on
those motorcycles were apprehended and from the possession of
apprehended Ritesh Kumar, who was riding on a black Pulsor
Patna High Court CR. MISC. No.9055 of 2026(2) dt.17-02-2026
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motorcycle, from the possession of Sonu Kumar, who was
riding on a Bullet and from the possession of Ajit Kumar, who
was riding on a Hero Ignitor motorcycle, the alleged liquor was
recovered. It is further submitted that the petitioner has been
made accused in the present matter mainly on account of he
being the registered owner of one of the seized motorcycles, no
doubt the same belongs to the petitioner but the alleged
trafficking of liquor was made without his knowledge and he
bears no criminal antecedent and his past history is completely
clean, hence, the alleged offences punishable under the Excise
Act, under which the FIR has been registered, do not attract
even prima facie against this petitioner, so, his prayer for
anticipatory bail is not hit by the provisions of section 76(2) of
the Excise Act.
4. Though learned APP appearing for the State has
opposed the prayer of the petitioner but fairly accepts that the
petitioner has been made accused in the present matter mainly
on account of he being the registered owner of one of the seized
motorcycles.
5. In the facts and circumstances of this case as well
as considering the submissions as stated above, coupled with the
pleas of the petitioner, this Court is inclined to grant the relief of
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anticipatory bail to the petitioner. Accordingly, let the petitioner
named-above, in the event of his arrest or surrender before the
learned Court below within a period of six weeks from today, be
released on anticipatory bail on furnishing bail bond of Rs.
20,000/- (Rupees Twenty Thousand) with two sureties of the
like amount each to the satisfaction of the Court concerned in
connection with Amba P.S. Case No. 133 of 2025, subject to the
conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J)
annu/-
U T
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