Created by Fuzzy Cloud

Patna High Court

Prabhat Kumar @ LadooversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied, and the petitioner was ordered to surrender within four weeks for the trial court to consider a bail application.

Summary

The petitioner, Prabhat Kumar, sought anticipatory bail in a case (Sidhwaliya P.S. Case No. 21 of 2026) alleging violation of Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2022, concerning the recovery of 120 litres of illicit liquor from a motorcycle registered in his name. The prosecution argued that the petitioner owned the motorcycle from which the liquor was seized, while the petitioner contended that no liquor was found in his possession and that his name was mentioned only on suspicion by a local watchman. The court examined the lack of substantive evidence directly linking the petitioner to the contraband, noting that the only connection was ownership of the vehicle. Despite the petitioner’s claim of innocence, the court was not persuaded to grant anticipatory bail. Consequently, the bail application was rejected, but the court directed the petitioner to surrender within four weeks, after which the trial court would consider a surrender‑cum‑bail application without prejudice to the High Court’s decision.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner solely on the basis of vehicle ownership and suspicion, absent direct evidence of possession of illicit liquor.

Subjects

  • anticipatory bail
  • bail denial
  • prohibition law
  • excise law
  • vehicle ownership
  • suspicion
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26919 of 2026
                    Arising Out of PS. Case No.-21 Year-2026 Thana- SIDHWALIYA District- Gopalganj
                 ======================================================
                 Prabhat Kumar @ Ladoo Son of Arun Sah Resident of Village- Sareya Pahar,
                 P.S.- Sidhwaliya, District- Gopalganj, Bihar

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Indrajeet Bhushan, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Sharma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                                  ORAL ORDER


2   22-04-2026                   Heard learned Counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner is apprehending arrest in connection

                   with Sidhwaliya P.S. Case No. 21 of 2026 registered on

                   28.01.2026 for the offences punishable under Section 30(a) of

                   the Bihar Prohibition and Excise (Amendment) Act, 2022.

                                 3. As per prosecution, total recovery of 120 liters

                   illicit Liquor, loaded on motorcycle, is the subject matter of the

                   present case.

                                 4. It is submitted by learned counsel for the petitioner

                   that the petitioner is innocent and has committed no offence.

                   Nothing has been recovered from the conscious physical
Patna High Court CR. MISC. No.26919 of 2026(2) dt.22-04-2026
                                            2/3




          possession of the petitioner. The name of the petitioner has

          surfaced in the present case only on the ground that the

          motorcycle belonging to the petitioner was seized from the

          alleged place of occurrence. Except for the same, there is no

          material against the petitioner. In fact, the petitioner’s name was

          disclosed by the local Chaukidar merely on suspicion, and there

          is no substantive evidence against the petitioner apart from such

          suspicion. It is further submitted that the petitioner is also

          accused in two other criminal cases.

                       5. Learned APP for the State opposes the prayer for

          bail and submits that the petitioner is the registered owner of the

          motorcycle from which the alleged recovery has been made.

                       6. In this background, this Court is not inclined to

          grant bail to the petitioner. Accordingly, the prayer for bail of

          the petitioner in connection with the aforementioned case,

          pending before the learned District and Additional Sessions

          Judge XIII-cum-Special Excise Court No.1, Gopalganj is hereby

          rejected.

                       7. However, if the petitioner surrenders before the

          learned Trial Court within a period of four weeks from today,

          the Trial Court is directed to consider and pass an order on his

          surrender-cum-bail application on the same day, in accordance
            Patna High Court CR. MISC. No.26919 of 2026(2) dt.22-04-2026
                                                        3/3




                      with law without being prejudiced by the rejection of the

                      petitioner’s anticipatory bail by this Court.




                                                  (Dr. Anshuman, J)
Ashwini/-

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.