Patna High Court
Arun RamversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ARUN KUMAR JHA
Holding
Anticipatory bail was denied as the circumstances did not warrant its grant.
Summary
The petitioner, Arun Ram, sought anticipatory bail after police recovered 30 litres of illicit country-made chulai liquor from his house in a case under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that secret information led to a raid and that the petitioner fled the scene, suggesting his involvement. The petitioner argued that the liquor was recovered from a joint family house and that he was not in conscious possession, claiming innocence and false implication. The State contended that the recovery was from the petitioner’s house, no other accused were named, and highlighted his prior similar offence, labeling him a habitual offender. The court, noting the recovery from the petitioner’s residence and his antecedent, concluded that the case was not suitable for anticipatory bail and rejected the petition.
Issues considered
- Whether anticipatory bail can be granted in a case where illicit liquor is recovered from the accused's residence under the Bihar Prohibition and Excise Act.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- habitual offender
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24883 of 2026
Arising Out of PS. Case No.-27 Year-2026 Thana- PAKRIDAYAL District- East Champaran
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Arun Ram Son of Mahendra Ram Resident of Village- Badkagav Chamar
Tola Ward No. 12, P.S.- Pakarideyal, District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 24-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Pakaridayal P.S. Case No. 27 of 2026
registered for the alleged offences under Section 30(a) of the Bihar
Prohibition and Excise Act.
03. As per prosecution case, police received secret
information about petitioner selling country made chulai liquor
from his house and a raid was conducted on the house of the
petitioner and recovery of 30 litres of country made chulai liquor
was made but the petitioner fled away from the spot.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Petitioner was not apprehended from the spot and nothing
Patna High Court CR. MISC. No.24883 of 2026(2) dt.24-04-2026
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incriminating has been recovered from his conscious possession.
The house from which recovery has been made is a joint family
property and it cannot be said with certainty that it was the
petitioner who had kept the liquor in the house. Petitioner has
antecedent of one case.
05. Learned APP for the State opposes the submission
made on behalf of the learned counsel for the petitioner. Learned
APP for the State submits that the recovery has been made from
the house of the petitioner and no other person has been made
accused in this case. Petitioner is having antecedent of similar
nature and he is a habitual offendor.
06. Having regard to the fact that police recovered illicit
liquor from the house of the petitioner, I do not think it is a fit case
for grant of anticipatory bail and hence, the prayer of the petitioner
for grant of anticipatory bail is rejected.
(Arun Kumar Jha, J)
Anuradha/-
U T
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