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Patna High Court

Gautam RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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, Gautam Ram, was the registered owner of a motorcycle from which 14.4 litres of illicit liquor was seized in a case 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 implicated only on suspicion, with a clean antecedent. The State opposed the bail, contending that ownership of the vehicle linked him to the offence. The court examined the connection between ownership and alleged possession of illicit liquor. Finding that the petitioner’s ownership of the seized vehicle established a sufficient nexus to the alleged offence, the court refused anticipatory bail. The petition for anticipatory bail was therefore dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was seized 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.19974 of 2026
                        Arising Out of PS. Case No.-402 Year-2025 Thana- RAJPUR District- Buxar
                 ======================================================
                 Gautam Ram Son of Bhikhari Ram @ Bhikhari Rajbhar Resident of Village-
                 Renka, P.S.- Sikraul, District- Buxar

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Rai Sharma, Advocate
                 For the Opposite Party/s :       Mr. Umeshanand Pandit, 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 Rajpur P. S. Case

                   No. 402 of 2025 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 14.4 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

                   bail of the petitioner.
              Patna High Court CR. MISC. No.19974 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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