Patna High Court
Jai SinghversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted because the quantum of liquor recovered indicated a serious offence under the Bihar Prohibition and Excise Amendment Act.
Summary
The petitioner, Jai Singh, feared arrest in connection with an excise case (PS No.40 of 2025) alleging violations of Sections 30(a) and 32(c) of the Bihar Prohibition and Excise Amendment Act. The prosecution alleged that a Scorpio vehicle owned by the petitioner was used to transport 216 litres of country‑made foreign liquor, which was seized. The petitioner applied for anticipatory bail to avoid arrest. The Court examined the seriousness of the offence, particularly the large quantity of illicit liquor recovered, and concluded that the circumstances did not merit the grant of anticipatory bail. Consequently, the application for anticipatory bail was dismissed and the petitioner was ordered to surrender within four weeks and to seek regular bail, failing which the police would be directed to arrest him.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the seizure of 216 litres of illegal liquor from his vehicle.
Subjects
- anticipatory bail
- excise
- illegal liquor
- seizure
- criminal procedure
- Bihar Prohibition Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13482 of 2026
Arising Out of PS. Case No.-40 Year-2025 Thana- EXCISE MAHAMMADPUR District-
Gopalganj
======================================================
Jai Singh S/o Manger Singh Resident of Village - Uchkagaon, P.S -
Gopalganj, District - Gopalganj
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar Dubey
For the Opposite Party/s : Mr.Lakshmi Kant Sharma
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 25-02-2026 Heard the parties.
2. The petitioner apprehends his arrest in connection
with Excise Mahammadpur P.S. Case No. 40 of 2025 registered
for the offence under Sections 30(a) and 32(c) of the Bihar
Prohibition and Excise Amendment Act.
3. As per the prosecution case, the petitioner is the
owner of the Scorpio Vehicle from which 216 liters of country
made foreign liquor has been recovered.
4. Considering the quantum of recovery from the
scorpio vehicle of which the petitioner is the owner, this Court is
not inclined to grant anticipatory bail to the petitioner.
5. Accordingly, this application is dismissed.
6. The petitioner is directed to surrender within four
Patna High Court CR. MISC. No.13482 of 2026(2) dt.25-02-2026
2/2
weeks from today and pray for regular bail failing which the
Superintendent of Police, Gopalganj will take all steps for arrest
of the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Gopalganj through FAX for its
compliance.
(Sandeep Kumar, J)
Vikas/-
U
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