Patna High Court
Raj KumarversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The High Court allowed the petition for anticipatory bail, finding no sufficient material to justify the petitioner’s arrest.
Summary
Petitioner Raj Kumar, owner of a motorcycle, was implicated in a case alleging possession of 21 litres of illicit Nepali liquor recovered from the vehicle, under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was not named in the FIR, was not present at the scene, and had no knowledge of the liquor as the bike was borrowed by co‑accused Kanchan Kumar. The State opposed his anticipatory bail, contending that the recovery from the motorcycle linked him to the offence. The High Court considered the lack of material against the petitioner, his clean antecedent, and the fact that nothing was recovered from his conscious possession. It granted anticipatory bail subject to a bail bond and sureties, invoking its inherent powers under Section 482(2) of the BNSS. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the circumstances of the alleged offence under the Bihar Prohibition and Excise Act
- Whether the petitioner’s ownership of the motorcycle, without direct possession of the liquor, suffices to sustain an arrest
Legislation cited
- BNSS — s. 482(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 482(2)
- illicit liquor
- vehicle ownership
- high court inherent powers
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9061 of 2026
Arising Out of PS. Case No.-254 Year-2024 Thana- SUPPI District- Sitamarhi
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Raj Kumar S/o- Rabindra Prasad @ Ravindra Prasad Village- Shitalpur,
Sirsapatti, ward no. 12, P.S. -Chakia @ Chakiya, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Santosh Kumar, Advocate
For the Opposite Party/s : Mr. Shailendra Kumar, 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 Suppi P.S. Case No. 254 of 2024 registered for
the offences punishable under Section 30(a) of the Bihar
Prohibition and Excise Act.
3. As per prosecution case, 21.00 litre Nepali liquor
was recovered from the motorcycle in question and co-accused
Kanchan Kumar was apprehended at the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the F.I.R. and he has falsely been implicated in this case due
to village politics and ulterior motive. He further submits that
Patna High Court CR. MISC. No.9061 of 2026(2) dt.18-02-2026
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petitioner is not named in the F.I.R. and the alleged recovery has
been made from the possession of co-accused Kanchan Kumar.
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 cropped
during the course of investigation as the as he is the owner of
the motorcycle in question. It is further submitted that the
motorcycle was borrowed by co-accused for personal work and
the same has been misused and petitioner had no knowledge
regarding carrying of illicit liquor. There is no material on
record to demonstrate the complicity of the petitioner with the
alleged occurrence. 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 of liquor has been made from the motorcycle
in question and hence, he cannot escape from the allegation
made in the F.I.R.
6. Considering the facts and circumstances of the
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case, petitioner was not found at the place of occurrence,
nothing has been recoverd 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
Excise Court No.-01, Sitamarhi in connection with Suppi P.S.
Case No. 254 of 2024, 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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