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Patna High Court

Dheeraj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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