Patna High Court
Umesh Chaudhary @ Umesh ChaudhariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioner.
Summary
The petitioner, Umesh Chaudhary, applied for anticipatory bail after a case (G.O. No.147 of 2015) was registered against him under Section 47(A) of the Bihar Prohibition and Excise Act for the alleged possession of 20 litres of illicit liquor recovered from his house. The petitioner argued that no incriminating material was found in his conscious possession and that the accusation was based merely on suspicion. The State contended that the liquor was indeed recovered from the petitioner’s residence and highlighted his three prior criminal antecedents of a similar nature, also relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. The court examined the material facts, the prior record, and the precedent, and concluded that the petitioner was not entitled to anticipatory bail. Consequently, the anticipatory bail application was rejected.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from the accused’s premises but no material is found in his conscious possession.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail in the present case.
Subjects
- anticipatory bail
- illicit liquor
- Section 47(A)
- Bihar Prohibition and Excise Act
- criminal antecedents
- Full Bench precedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20811 of 2026
Arising Out of PS. Case No.-147 Year-2015 Thana- GOVERNMENT OFFICIAL COMP.
District- Nawada
======================================================
Umesh Chaudhary @ Umesh Chaudhari S/o Late Jago Chaudhary R/o Village
- Gola Badraji, P.S - Kawakole, District - Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Kumar Prasad, Advocate
For the Opposite Party/s : Ms. Sucheta Yadav, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 21-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in G.O. Case No. 147
of 2015 registered for the offence punishable under Section
47(A) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 20 liters illicit liquor
was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion.
5. Learned A.P.P. for the State submits that 20 liters
illicit liquor was recovered from the house of the petitioner and
Patna High Court CR. MISC. No.20811 of 2026(2) dt.21-04-2026
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he has got three criminal antecedents of similar nature. He
further submits that petitioner is not entitled to the privilege of
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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