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Patna High Court

Vikash Chandra OjhaversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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
                                            2/3




          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
            Patna High Court CR. MISC. No.9084 of 2026(2) dt.18-02-2026
                                                        3/3




                      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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