Patna High Court
CR. MISC./51097/2026 of Satish Prasad Vs The State of Bihar on 29 July 2026
COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51097 of 2026 Arising Out of PS. Case No.-74 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== Satish Prasad S/o Fudeni prasad Resident of Village- Talimpur, P.S.- Madhuban,
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51097 of 2026
Arising Out of PS. Case No.-74 Year-2021 Thana- KUNDWACHAINPUR District- East Champaran ======================================================
Satish Prasad S/o Fudeni prasad Resident of Village- Talimpur, P.S.- Madhuban, Dist.- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s
:
Mr. Abhishek Kumar, Advocate
Mr. Sagar Kumar, Advocate
For the Opposite Party/s :
Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
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ORAL ORDER
29-07-2026 Heard Mr. Sagar Kumar, learned Advocate for the petitioner and Ms. Sucheta Yadav, learned Additional Public Prosecutor for the State.
2. The petitioner apprehends his arrest in connection with Kundwa Chainpur P.S. Case No. 74 of 2021, registered for the offenses punishable under Section 30(a) of Bihar Prohibition & Excise Act.
3. Suspecting that the petitioner was carrying illicit wine on his motorcycle, the police apprehended him and in course of search, total 27 liters of illicit Nepali wine was recovered.
4. Learned Advocate for the petitioner submits that the name of the petitioner has been implicated in this case by Patna High Court CR. MISC. No.51097 of 2026(2) dt.29-07-2026
virtue of he being owner of the motorcycle in question, which was seized by the police. As per the FIR, it is evident that the motorcycle was being driven by co-accused Ranjan Kumar and there was none who was the pillion rider. The petitioner was also not found nearby the place of occurrence. On the fateful day, since his motorcycle was taken away by his friend Ranjan Kumar, on the pretext of bringing some medicines. The petitioner was not aware of the fact that his motorcycle was being used for illicit purposes and later on the petitioner came to know about such incident, and thus approached this Court for grant of anticipatory bail. The petitioner is a man of fair antecedent and he undertakes that he will cooperate in the proceedings of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the use of the petitioner’s motorcycle in the crime clearly suggests his complicity, besides the anticipatory bail is not maintainable in terms with section 76(2) of the Bihar Prohibition & Excise Act.
6. Having considered the submissions advanced by the learned Advocate for the respective parties and taking note of the fact that save and except the name of the petitioner has been implicated in this case by virtue of he being the owner of Patna High Court CR. MISC. No.51097 of 2026(2) dt.29-07-2026
the motorcycle in question, there is no other materials suggesting his complicity and lack of materials attracting the rigors provided under Section 76(2) of the Bihar Prohibition and Excise Act, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Excise Court-03, I/c Civil Court, East Champaran, Motihari in connection with Kundwa Chainpur P.S. Case No. 74 of 2021, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.
siddharth/- (Harish Kumar, J) U T