Bihar High Court Rules: Bike Owner Not Liable if Passenger Found With Liquor

Patna: In a landmark decision under the Bihar Prohibition and Excise Act, the Patna High Court has clarified that a vehicle owner cannot be held responsible if illegal liquor is found with a passenger, rather than in the vehicle itself. The court ruled that confiscating the bike in such a case amounts to wrongful action.

The ruling came from a single-judge bench led by Justice Jitendra Kumar, which granted anticipatory bail to the bike owner who had feared arrest in the matter.

Details of the Case
The case arose under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022. The petitioner had approached the High Court seeking anticipatory bail after police allegedly recovered six liters of illicit liquor from a backpack carried by a passenger riding pillion on his motorcycle. An FIR was registered against both the motorcycle rider and the registered owner.

High Court Cites FIR and Facts
According to reports, the High Court noted that the FIR itself did not allege that the owner was driving the bike, present at the scene, or personally in possession of the liquor. Crucially, the liquor was not found in the motorcycle but with the passenger, Amarendra Kumar, in his backpack.

The court stated:
“I find that the illegal liquor was not in the motorcycle’s boot or any other part of the vehicle, but with co-accused Amarendra Kumar, carrying it in a backpack. Under these facts, the motorcycle cannot be said to have been used in committing an offence under the Excise Act. Liability under Section 32 arises only if the vehicle is used in the commission of the alleged offence.”

Confiscation Causes Hardship and Wastage
The court further observed that seizure of vehicles in such cases causes unnecessary hardship for innocent owners and leads to wastage of national resources, as vehicles often deteriorate over long periods of inactivity.

Based on the facts of this case, the High Court concluded that no prima facie case arises against the petitioner under the Excise Act and therefore granted anticipatory bail.