Patna High Court
Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle justified denial of relief.
Summary
The petitioner, Ajay Kumar, was charged under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act after 13.5 litres of illicit liquor were recovered from a motorcycle registered in his name. He contended that no incriminating material was found in his personal possession, asserted a clean antecedent, and argued that his involvement was merely speculative. The State opposed his application for anticipatory bail, emphasizing the recovery of contraband from his vehicle. The learned counsel for the petitioner sought relief on the ground of lack of direct possession and suspicion alone. Justice Prabhat Kumar Singh, after hearing both sides, refused the petition for anticipatory bail, holding that ownership of the seized vehicle warranted denial of bail.
Issues considered
- Whether anticipatory bail should be granted to a person who owns a vehicle from which illicit liquor was seized under the Bihar Prohibition and Excise Act
- Whether mere ownership of the seized property suffices to justify denial of anticipatory bail
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- ownership of seized vehicle
- criminal procedure
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19642 of 2026
Arising Out of PS. Case No.-380 Year-2025 Thana- EXCISE SHERGHATI District- Gaya
======================================================
Ajay Kumar S/O Yogendra Chaudhary Resident of Village- Afzalpur, P.O.-
Sherghati, P.S.- Sherghati, Dist.- Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar, Advocate
For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Excise Sherghati P.
S. Case No. 380 of 2025 registered for the offences punishable
under Sections 30(a), 32(3) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 13.5 liters illicit liquor was
recovered from the seized motorcycle 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.19642 of 2026(2) dt.07-04-2026
2/2
6. Considering the fact that petitioner is owner of the
seized motorcycle, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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