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Patna High Court

Arun RamversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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
                 ======================================================
                 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
                                                         2/2




                       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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