Created by Fuzzy Cloud

Patna High Court

Umesh Chaudhary @ Umesh ChaudhariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                                                          2/2




                        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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.