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Patna High Court

Raj KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied as the petitioner’s ownership of the vehicle implicated him in the offence.

Summary

Petitioner Raj Kumar, owner of a Piaggio Ape, was implicated in a case (PS Case No. 258 of 2020) where 80 litres of illicit liquor were recovered from his vehicle. The prosecution alleged violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession, he had no direct involvement, and he possessed a clean antecedent, seeking anticipatory bail. The State opposed the bail, emphasizing the petitioner’s ownership of the seized vehicle. The Court considered the ownership link sufficient to justify denial of anticipatory bail and refused the petitioner's relief.

Issues considered

  • Whether the owner of a vehicle from which illicit liquor is recovered can be granted anticipatory bail under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • vehicle ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28508 of 2026
                       Arising Out of PS. Case No.-258 Year-2020 Thana- ALAMGANJ District- Patna
                 ======================================================
                 Raj Kumar Son of Manak Singh R/o - Hiranandpur, P.S.- Didarganj, Distt.-
                 Patna. (Owner of Piaggi Piaggio Ape Auto Bearing Reg. No. BR01PE5744,
                 Chesis No.- MBX0000ZFRK782586, Engine No.- S3K8193000)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Mithilesh Kumar Arya, Advocate
                 For the Opposite Party/s :       Mr. Akshay Lal Pandit, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   04-05-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Alamganj P. S. Case

                   No. 258 of 2020 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 80 liters illicit liquor was

                   recovered from the seized auto of which this petitioner is

                   registered owner.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.28508 of 2026(2) dt.04-05-2026
                                                          2/2




                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of the

                        seized auto, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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