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Patna High Court

Abhiranjan Kumar @ Rahul @ Rahul KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused.

Summary

The petitioner, Abhiranjan Kumar, sought anticipatory bail in a case registered under Section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 496.50 litres of illicit liquor recovered from a co-accused's house. The petitioner argued that no incriminating material was found in his possession and that he was implicated only on suspicion. The State opposed the bail, highlighting two prior criminal convictions of a similar nature. The court examined the petitioner's antecedents and the seriousness of the alleged offence. Considering the petitioner’s criminal history, the court refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner in a case under Section 30(a) of the Bihar Prohibition and Excise Act, given the absence of incriminating material in his possession.
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • criminal antecedents
  • bail refusal

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28584 of 2026
                    Arising Out of PS. Case No.-15 Year-2024 Thana- BIBHUTIPUR District- Samastipur
                 ======================================================
                 Abhiranjan Kumar @ Rahul @ Rahul Kumar S/o Parmanand Singh R/o
                 Village - Ward no. 7, Belsandi Tara, PS. - Bibhutipur, Dist. - Samastipur,
                 Bihar, 848101.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Piyush Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Kalyan Shankar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   30-04-2026                  Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in Bibhutipur P. S.

                   Case No. 15 of 2024 registered for the offence punishable under

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

                                3. As per prosecution case, 496.50 liters illicit liquor

                   was recovered from the house of co-accused Arun Rai.

                                4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. He has been made accused in this

                   case only on suspicion.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail and submits that the petitioner has got two criminal

                   antecedents of similar nature.
              Patna High Court CR. MISC. No.28584 of 2026(2) dt.30-04-2026
                                                          2/2




                                     6. Considering the criminal antecedents of similar

                        nature, prayer for anticipatory bail of the petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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