Patna High Court
Vikash Chandra OjhaversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond and sureties, under Section 482(2) of the Code of Criminal Procedure.
Summary
The petitioner, Vikash Chandra Ojha, sought anticipatory bail after being implicated as the owner of a motorcycle from which 87 litres of illicit Nepali liquor was recovered in a case under Section 30(a) of the Excise Act. He argued that he was not present at the scene, had no knowledge of the liquor, and that the vehicle was being used by another person for urgent work. The State opposed the bail, contending that the recovery from the motorcycle linked the petitioner to the offence. The High Court considered the petitioner’s clean antecedent, lack of presence at the occurrence, and the fact that nothing was found in his possession. It ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs. 10,000 with two sureties, subject to the conditions of Section 482(2) of the Code of Criminal Procedure. The application for anticipatory bail was allowed.
Issues considered
- Whether ownership of a vehicle from which illicit liquor is recovered makes the owner liable under Section 30(a) of the Excise Act.
- Whether the petitioner is entitled to anticipatory bail despite the recovery of contraband from his vehicle.
- Whether the petitioner’s clean antecedent and absence from the scene justify the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Excise Act
- illicit liquor
- vehicle ownership
- clean antecedent
- Section 30(a)
- Section 482(2)
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9084 of 2026
Arising Out of PS. Case No.-166 Year-2025 Thana- BELA District- Sitamarhi
======================================================
Vikash Chandra Ojha S/O Ramsudhar Ojha Resident of Village- Bakhar
Chandiha, P.S.-Purnahiya, District- Sheohar.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Mr. Ramchandra Sahni, 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 Bela P.S. Case No. 166 of 2025 registered for
the offences punishable under Section 30(a) of Excise Act.
3. As per prosecution case, 87 litre illicit Nepali liquor
was recovered from the motorcycle in question near the border
area and the person driving the motorcycle succeeded in fleeing
away from the place of occurrence.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence as alleged
in the FIR and he has falsely been implicated in this case. He
further submits that petitioner is not named in FIR. During the
Patna High Court CR. MISC. No.9084 of 2026(2) dt.18-02-2026
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course of investigation, the name of the petitioner has been
surfaced in this case as he is the owner of the motorcycle in
question. 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. It is submitted that the
motorcycle was taken by one known person for urgent work and
the same has been misused. Petitioner had no knowledge
regarding carrying of illicit liquor. In the light of the aforesaid
facts and circumstances of the case, petitioner cannot be held
liable for the same and no offence is made out as alleged in the
FIR against the petitioner. 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 in question
and petitioner 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,
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
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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.-1, Sitamarhi in connection with Bela P.S. Case
No. 166 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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