SUDAMA PRASADversusTHE STATE OF BIHAR, THROUGH THE PRINCIPAL SECRETARY, EXCISE DEPARTMENT, BIHAR, PATNA.

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                   Criminal Writ Jurisdiction Case No.1888 of 2023
      Arising Out of PS. Case No.-320 Year-2022 Thana- BAIKUNTHPUR District- Gopalganj
     ======================================================
     Sudama Prasad, S/o Chandrika Prasad, Resident of Village- Bamo P.S-
     Baikunthpur, District- Gopalganj.
                                                               ... ... Petitioner
                                       Versus
1.    The State of Bihar, Through The Principal Secretary, Excise Department,
      Bihar, Patna.
2.   The District Magistrate, Gopalganj. Bihar
3.   The Superintendent of Police, Gopalganj. Bihar
4.   The Inspector, Excise, Gopalganj. Bihar
5.    The Officer-In-Charge, Baikunthpur Police Station, Distt.- Gopalganj Bihar
                                                                ... ... Respondents
     ======================================================
     Appearance :
     For the Petitioner       :      Mr. Natraj Verma, Advocate
                                     Mr. Sachina, Advocate
     For the Respondents      :      Mr. Vivek Prasad, G.P-7
                                     Ms. Manisha Singh, AC to GP-7
                                     Ms. Mita Kumari, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
                             ORAL JUDGMENT
      Date : 02-07-2026


                          The present Criminal Writ Petition has been

      preferred by the Petitioner seeking prosecution of the

      Informant/police officer for malicious prosecution pleading that

      Baikunthpur P.S Case No. 320 of 2022 was registered for the

      offence punishable under Section 30(a), 41 of the Bihar

      Prohibition and Excise (Amendment) Act, 2018 on the written

      report of the police officer. After completion of the

      investigation, closure report was submitted showing mistake of

      fact. He is also seeking compensation for illegal detention by

      way of filing an Interlocutory Application No.1 of 2025, which

      is taken on record.
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                 2. The Baikunthpur P.S Case No. 320 of 2022 was

         registered on the written report of sub-inspector, Radhika

         Raman Prasad, stating that as per information received by the

         police, the Petitioner had kept illicit liquor in his Bolero vehicle

         near his house. When the police reached the place of

         occurrence, police found that one person was attempting to take

         down one white sack from the dickey of the vehicle, but seeing

         the police, he started fleeing away, leaving behind the sack.

         However, he was apprehended by the police. On search, total

         14.22 liter illicit liquor was recovered from the sack lying in the

         dickey. Hence, the Petitioner was arrested and the case was

         instituted.

                 3. However, after investigation, it is found that there was

         mistake of fact. The vehicle was just purchased in auction which

         was earlier seized and confiscated under the excise Act just few

         hours earlier by the nephew of the Petitioner and after taking

         vehicle at home, it was being cleaned by the Petitioner and in

         that course it was found that there is expired wine kept in the

         dickey of the vehicle and the same was informed to the police.

                 4. Hence, in view of the explanation regarding existence

         of liquor in the vehicle, closure report was filed by the police in

         the case. Hence, I find that at the outset, there was prima facie
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                      case against the Petitioner to give the written report and lodge

                      the FIR. Hence, such institution of prosecution cannot be said to

                      be malicious. At the outset, the police being unaware of the

                      purchase of the vehicle in auction by the Petitioner or his

                      nephew, it had given written report and the FIR was instituted,

                      but ultimately, police, finding the truth, filed closure report on

                      account of mistake of fact.

                              5. I also find that after arrest of the Petitioner in this case,

                      he was also remanded by judicial order. That way, the arrest

                      also gets legal and that has not been challenged till date.

                              6. As such, I find that there is no intent of the Informant

                      to injure the Petitioner by making false allegation of offence.

                      There was sufficient ground to lodge the FIR at the first sight

                      and the arrest was also approved by the Jurisdictional

                      Magistrate by remand order.

                              7. The present writ petition is accordingly dismissed,

                      being shorn of any merit.


                                                                      (Jitendra Kumar, J.)
Chandan/-
AFR/NAFR                N.A.F.R
CAV DATE                NA
Uploading Date          03.07.2026
Transmission Date       03.07.2026