Patna High Court
Prabhat Kumar @ LadooversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
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
Checking your session…