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JITENDRA KUMAR
Princekant Kumar @ Prinskant Kumar – Appellant
Versus
State of Bihar – Respondent
ORDER
The petitioner seeks anticipatory bail, apprehending his arrest, in connection with Govindpur P.S. Case No. 190 of 2025 dated 18.06.2025, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022.
2. As per the allegation, two persons, who are coaccused, were riding on a motorcycle bearing Registration No. BR-21Q-2509, which belongs to the petitioner and as per further case of the prosecution, the pillion rider of the motorcycle was carrying a pithubag on his back containing 6 litre illicit liquor. The FIR was lodged against the Petitioner, who was owner of the vehicle as well as two accused, who were riding the motorcycle at the time of recovery of the illicit liquor but the Petitioner was not present, nor any illicit liquor was recovered from him.
3. Learned counsel for the Petitioner submits that the Petitioner is innocent and he was no way connected with the alleged offence, nor was any occasion for the police to make the Petitioner an accused in this case. He further submits that even presumption under Section 32 of the Bihar Prohibition and Excise Act, 2016 against the owner of the vehicle would arise only when the
Confiscation of property requires evidence of owner's involvement in the crime; lack thereof violates fundamental rights.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires evidence of the owner's consent or involvement in illegal activities; failure to establish this renders confiscation inva....
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires direct involvement of the owner in the offense; without such involvement, confiscation orders are deemed arbitrary and un....
The main legal point established in the judgment is the need for timely initiation and conclusion of confiscatory proceedings under the Bihar Prohibition and Excise Act, 2016, and the issuance of dir....
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