Patna High Court
Narayan JeeversusThe 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 established a sufficient link to the alleged offence.
Summary
The petitioner, Narayan Jee, owner of a motorcycle, was implicated in a police case (P.S. No.402 of 2022) for alleged possession of 26.4 litres of illicit liquor, an offence under Section 30(a) of the Bihar Prohibition and Excise Act. He applied for anticipatory bail, arguing that no incriminating material was found in his personal possession and that he was being implicated merely on suspicion, with a clean antecedent. The State opposed the bail, contending that the seized motorcycle belonged to the petitioner and thus linked him to the contraband. The Court examined the ownership of the vehicle and the recovery of liquor, finding sufficient nexus to deny anticipatory bail. Consequently, the petition for anticipatory bail was refused.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor
- Whether ownership of the seized vehicle establishes sufficient connection to the offence under Section 30(a) of the Bihar Prohibition and Excise Act
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19812 of 2026
Arising Out of PS. Case No.-402 Year-2022 Thana- GHORASAHAN District- East
Champaran
======================================================
Narayan Jee S/o Nathuni Prasad R/o vill - Naga Road, P.S.- Raxaul, Distt.-
East Champaran, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mayank Mohan, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha.1, 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 Ghorasahan (Jitna)
P. S. Case No. 402 of 2022 registered for the offence punishable
under Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 26.4 liters illicit liquor was
recovered from the 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
Patna High Court CR. MISC. No.19812 of 2026(2) dt.07-04-2026
2/2
bail of the petitioner.
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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