Patna High Court
Shibu BaraiversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was not granted to the petitioner.
Summary
The petitioner, Shibu Barai, sought anticipatory bail after the police seized 732 litres of illicit foreign liquor from a vehicle registered in his name, alleging offences under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act. The petitioner contended that he was falsely implicated because the liquor was not found in his conscious possession and he has a clean antecedent. The State opposed the bail, emphasizing the large quantity of contraband recovered from the vehicle owned by the petitioner. The Court examined whether ownership of the vehicle alone suffices to justify anticipatory bail in view of the seriousness of the offence. Considering the nature of the accusation and the substantial quantity seized, the Court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which a large quantity of illicit liquor was seized.
- Whether ownership of the vehicle alone establishes sufficient grounds for arrest under Sections 30(a) and 32 of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21157 of 2026
Arising Out of PS. Case No.-549 Year-2021 Thana- BIHPUR District- Bhagalpur
======================================================
Shibu Barai Son of Sunil Barai Resident of Husldanga Bhangamali, P.S.-
Mainaguri, District- Jal Paiguri (West Bengal)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Indeshwari Prasad Mandal, Advocate
For the State : Mr. Vinod Shanker Modi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Sections 30(a) and
32 of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 732 litres illicit foreign
liquor was recovered from the seized vehicle of which this
petitioner is registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. Nothing has been recovered from the
conscious possession of this petitioner. Petitioner claims clean
Patna High Court CR. MISC. No.21157 of 2026(2) dt.05-05-2026
2/2
antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of liquor was
recovered from the seized vehicle of which this petitioner is
registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of illicit liquor was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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