Patna High Court
Dheeraj 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 established sufficient connection to the offence.
Summary
The petitioner, Dheeraj Kumar, was implicated in a case where six liters of illicit liquor were recovered from a motorcycle he owned, leading to charges 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 has a clean antecedent, asserting that his involvement is merely based on suspicion as the vehicle owner. The State opposed the bail, contending that ownership of the seized vehicle establishes a sufficient nexus to the alleged offence. The Court examined the relevance of ownership in the context of the statutory provision and the principles governing anticipatory bail. Concluding that the petitioner’s ownership of the vehicle linked him to the contraband, the Court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted to the owner of a vehicle from which illicit liquor is seized under Section 30(a) of the Bihar Prohibition and Excise Act.
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.19954 of 2026
Arising Out of PS. Case No.-6 Year-2026 Thana- BISHANPUR District- Darbhanga
======================================================
Dheeraj Kumar S/o Seyalal Paswan Resident of Village- Ukhara, P.S.-
Bishanpur, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand, Advocate
For the Opposite Party/s : Ms. Pronoti Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Bishanpur P. S. Case
No. 06 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 6 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
bail of the petitioner.
Patna High Court CR. MISC. No.19954 of 2026(2) dt.08-04-2026
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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