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Patna High Court

Subodh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

No case for anticipatory bail was made out, and the petition was dismissed.

Summary

Subodh Kumar petitioned the Patna High Court for anticipatory bail after police, acting on secret information, intercepted a boat and seized 2,256 litres of country‑made liquor, leading to an FIR under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that his implication was solely due to his prior criminal record, while the State highlighted three earlier convictions under the excise law. The court examined the nature of the offence and the petitioner’s antecedents. It concluded that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in view of his prior criminal antecedents and the offence under section 30(a) of the Bihar Prohibition and Excise Act

Subjects

  • anticipatory bail
  • criminal antecedent
  • Bihar Prohibition and Excise Act
  • seizure of liquor
  • excise law
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.20468 of 2026
                       Arising Out of PS. Case No.-1218 Year-2023 Thana- SONEPUR District- Saran
                 ======================================================
                 Subodh Kumar S/o Parma Rai @ Varma Rai R/o vill - Sabalpur Chaharam,
                 P.S.- Sonepur, Distt.- Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ajay Kumar Singh No. I, Adv.
                 For the Opposite Party/s :       Mr. Jitendra Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   08-04-2026                    Heard Mr. Ajay Kumar Singh No. 1 and Mr. Jitendra

                   Kumar Singh representing the State.

                                2. The petitioner apprehends his arrest in connection

                   with A.B.P. No. 515 of 2026 arising out of Sonepur P.S. Case

                   No. 1218 of 2023 for the offence registered under sections 30(a)

                   of Bihar Prohibition and Excise Act.

                                3. As per the prosecution story, the Police on secret

                   information, intercepted a boat and there is recovery/seizure of

                   2256 litre country made liquor. This led to the FIR.

                                4. Learned counsel for the petitioner submits that only

                   because of criminal antecedent, he has been implicated by the

                   Police.

                                5. Learned APP on the other hand has taken this Court

                   to paragraph 3 of the petition to show that the petitioner has
           Patna High Court CR. MISC. No.20468 of 2026(2) dt.08-04-2026
                                                       2/2




                     three criminal antecedents under his belt, all related to excise

                     act.

                                  6. Taking into account the submissions of the parties,

                     no case for anticipatory bail is made out.

                                  7. Accordingly, Cr. Misc. No. 20468 of 2026 is

                     rejected.



                                                    (Rajiv Roy, J)
Vijay Singh/-

U      T


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