Patna High Court

Roshan KumarversusThe State of Bihar

Decided: 21 April 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was refused because the petitioner was the driver‑cum‑owner of the seized car.

Summary

The petitioner, Roshan Kumar, sought anticipatory bail after being implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 180.51 litres of illicit liquor recovered from a car he owned and drove. The prosecution argued that the seized vehicle belonged to the petitioner, making him a suspect. The petitioner contended that no incriminating material was found on his person, he had a clean antecedent, and his involvement was merely speculative. The State opposed the bail, emphasizing the seriousness of the offence. The Court, noting that the petitioner was both driver and owner of the seized vehicle, refused the prayer for anticipatory bail.

Issues considered

Whether anticipatory bail can be granted to a person who is the driver and owner of a vehicle from which illicit liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act.

Subjects

anticipatory bail
illicit liquor
Bihar Prohibition and Excise Act
driver-owner liability
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18942 of 2026
                     Arising Out of PS. Case No.-203 Year-2025 Thana- BALRAMPUR District- Katihar
                 ======================================================
                 Roshan Kumar Son of Arjun Ray R/o Phulaut - Paschimi, Ward no. 5, P.S. -
                 Chausa, Distt. - Madhepura.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sanjeev Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   21-04-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Balrampur P. S.

                   Case No. 203 of 2025 registered for the offence punishable

                   under Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 180.51 liters illicit liquor

                   was recovered from the seized car of which this petitioner is

                   registered owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

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

                   bail of the petitioner.
              Patna High Court CR. MISC. No.18942 of 2026(2) dt.21-04-2026
                                                          2/2




                                     6. Considering the fact that petitioner is driver-cum-

                        owner of the seized car, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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