Patna High Court
Bhola KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioners.
Summary
Bhola Kumar and Dharmendra Yadav applied for anticipatory bail fearing arrest in a case under Section 30(a)(c) of the Bihar Prohibition and Excise Act, where 215 litres of illicit liquor was recovered from a semi‑constructed house belonging to them. The petitioners contended that no incriminating material was found in their conscious possession and they were not connected to the recovery. The State highlighted the recovery of the liquor from the petitioners' house and their two prior criminal antecedents, and relied on a Full Bench decision in Ram Vinay Yadav v. State of Bihar which denied anticipatory bail in similar circumstances. The Court examined the lack of direct possession against the seriousness of the offence and the precedent, and concluded that the petitioners were not entitled to anticipatory bail. Consequently, the application for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 30(a)(c) of the Bihar Prohibition and Excise Act in view of the recovery of illicit liquor from their premises.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019) is applicable to deny anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 30(c)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail jurisprudence
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28536 of 2026
Arising Out of PS. Case No.-651 Year-2025 Thana- RAHUI District- Nalanda
======================================================
1. Bhola Kumar S/O Dharmendra Yadav @ Manjhiya Yadav R/O Village-
Balwapar (Ramdoiyapur), P.S - Rahui, District - Nalanda.
2. Dharmendra Yadav @ Manjhiya Yadav S/O Rohit Yadav @ Rohi Yadav R/O
Village- Balwapar (Ramdoiyapur), P.S - Rahui, District - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 04-05-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in Rahui P. S. Case No.
651 of 2025 registered for the offences punishable under Section
30(a)(c) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, total 215 liters illicit
liquor was recovered from the semi-constructed house of
petitioners.
4. Learned counsel appearing for the petitioners
submits that no incriminating material has been recovered from
the conscious possession of the petitioners and they are no way
connected with the aforesaid recovery.
Patna High Court CR. MISC. No.28536 of 2026(2) dt.04-05-2026
2/2
5. Learned A.P.P. for the State submits that 215 liters
illicit liquor was recovered from the house of the petitioners and
they have got two criminal antecedents. He further submits that
petitioners are not entitled to the privilege of anticipatory bail in
view of Full Bench decision of this Court rendered in the case of
Ram Vinay Yadav vs. The State of Bihar reported in 2019(2)
P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioners is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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