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Patna High Court

Md. SaddamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as ownership of the vehicle alone did not merit bail in view of the substantial seizure of illicit liquor.

Summary

The petitioner, Md. Saddam, the registered owner of a vehicle, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Act after 151.38 litres of illicit foreign liquor were seized from the vehicle. He applied for anticipatory bail, arguing that he had no conscious possession of the liquor and was falsely implicated merely because he owned the car. The State opposed the bail, emphasizing the large quantity of contraband recovered from the vehicle. The Court examined whether ownership of the vehicle alone could justify granting anticipatory bail. Considering the seriousness of the offence and the volume of liquor seized, the Court rejected the petition for anticipatory bail. The order dismissed the petition, leaving the criminal proceedings to continue.

Issues considered

  • Whether anticipatory bail should be granted to a vehicle owner when a large quantity of illicit liquor is seized from the vehicle
  • Whether ownership of the vehicle without proof of conscious possession suffices for bail under Section 30(a) of the Bihar Prohibition and Excise Act

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19062 of 2026
                 Arising Out of PS. Case No.-373 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Md. Saddam S/o Mohammad Mainuddin Resident of Village- Rampurugan,
                 PS- Motipur, Distt.- Muzaffarpur

                                                                                 ... ... Petitioner/s
                                                      Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :       Mr. Vivek Kumar Sinha, Advocate
                 For the State           :       Ms. Asha Devi, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   05-05-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 151.38 litres illicit foreign

                   liquor was recovered from the seized car of which this petitioner

                   is registered owner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner has falsely been

                   implicated in this case merely because he happens to be owner

                   of the vehicle in question. Nothing has been recovered from the

                   conscious possession of this petitioner. Petitioner claims clean
             Patna High Court CR. MISC. No.19062 of 2026(2) dt.05-05-2026
                                                         2/2




                       antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that huge quantity of illicit liquor

                       was recovered from the seized vehicle of which this petitioner is

                       registered owner.

                                    6. Considering the nature of accusation and the fact

                       that huge quantity of illicit liquor was recovered from the seized

                       vehicle of which this petitioner is registered owner, the prayer

                       for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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