Patna High Court
Gautam RamversusThe 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, 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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