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Patna High Court

Dhananjay KumarversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Dhananjay Kumar, owner of a tempo, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 60 litres of country‑made liquor and 1.125 litres of foreign liquor were recovered from his vehicle. He had earlier applied for pre‑arrest bail, which was dismissed and withdrawn. Seeking anticipatory bail, he argued that no incriminating material was found in his conscious possession and that the case was based merely on suspicion. The State opposed, highlighting two prior criminal antecedents of a similar nature. Considering the recovery of liquor from his tempo and his past record, the Court refused the anticipatory bail application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite seizure of liquor from his vehicle
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • seizure of liquor
  • criminal antecedents
  • Bihar Prohibition and Excise Act
  • high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16257 of 2026
                     Arising Out of PS. Case No.-2 Year-2022 Thana- KUTUMBA District- Aurangabad
                 ======================================================
                 Dhananjay Kumar Son of Krishna Paswan Resident of Vill. - Batva, P.S-
                 Jamhor Dist.- Aurangabad

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Adarsh Singh, Advocate
                 For the Opposite Party/s :      Mr. Anish Chandra, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   29-04-2026                  Earlier pre-arrest bail application of the petitioner

                   stood dismissed and withdrawn vide order dated 21.03.2025

                   passed in Cr. Misc. No. 11441 of 2025.

                                2. Heard learned counsel for the petitioner and the

                   State.

                                3. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30(a) of Bihar Prohibition

                   and Excise Act.

                                4. As per prosecution case, 60 liters country made

                   liquor and 1.125 liters foreign liquor was recovered from the

                   seized tempo of which this petitioner is registered owner.

                                5. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this
              Patna High Court CR. MISC. No.16257 of 2026(2) dt.29-04-2026
                                                          2/2




                        case only on suspicion.

                                     6. Learned A.P.P. for the State opposes the prayer for

                        bail and submits that petitioner has got two criminal antecedents

                        of similar nature.

                                     7. Considering the fact that recovery has been made

                        from the tempo of this petitioner and he bears criminal

                        antecedents of similar nature, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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