[Bihar Excise Act] No Presumption Against Motorcycle Owner If Liquor Found On Person Of Co-Rider: Patna High Court
The Patna High Court recently observed that where illicit liquor is recovered from the person of a co-accused and not from any part of the vehicle, the motorcycle cannot be said to have been used in the commission of an offence under the Bihar Prohibition and Excise Act. Consequently, the statutory presumption under Section 32 of the Act against the owner of the vehicle does not arise unless...
The Patna High Court recently observed that where illicit liquor is recovered from the person of a co-accused and not from any part of the vehicle, the motorcycle cannot be said to have been used in the commission of an offence under the Bihar Prohibition and Excise Act. Consequently, the statutory presumption under Section 32 of the Act against the owner of the vehicle does not arise unless the prosecution is able to establish that the vehicle itself was used in the commission of the alleged offence.
A Single Judge Bench of the Patna High Court, comprising Justice Jitendra Kumar, was hearing an application for anticipatory bail filed by the petitioner, who was apprehending arrest in connection with a case registered under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
According to the prosecution, two persons were intercepted while riding a motorcycle, and the pillion rider was allegedly carrying a pitthu bag on his back containing six litres of illicit liquor. An FIR was registered against the petitioner, who was the registered owner of the motorcycle, as well as against the two persons riding the vehicle at the time of recovery.
The Court noted that, as emerging from the FIR, it was not the prosecution's case that the petitioner was riding the motorcycle, was present at the spot, or was found in possession of the illicit liquor. Significantly, the alleged recovery was from the pitthu bag carried by the pillion rider and not from the motorcycle itself. The Court noted:
“9. I further find that the illicit liquor has been recovered not from the dickey or any other part of the motorcycle but from the person of the co-accused, Amrendra Kumar, who was carrying a pitthu bag on his back…Under the aforesaid facts and circumstances, the motorcycle cannot be deemed to be used in the commission of the alleged offence under the Excise Act. Presumption under Section 32 of the Excise Act would arise against the owner of the vehicle, who is the Petitioner herein, only when the vehicle could be held to be used in the commission of the alleged offence under the Excise Act”
The Court further observed that seizure of motorcycles in such circumstances would lead to harassment of innocent owners and result in wastage of national resources, as seized vehicles often deteriorate into junk over time due to corrosion and prolonged disuse.
Coming to the facts of the present case, the Court held that no prima facie case was made out against the petitioner under the Excise Act and, accordingly, allowed the application for anticipatory bail.
Cause Title: Princekant Kumar @Prinskant Kumar v. State of Bihar
Case Number: Criminal Miscellaneous No. 83887 of 2025
Appearance: Mr. Vibhuti Ranjan Sonvadra appeared for the Petitioner. Ms. Indu Kumari Srivastava appeared for the Respondent.