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Patna High Court

Shashi Bhushan Prasad Sinha@Shashi Bhusan PrasadversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as ownership of the seized vehicle does not, by itself, warrant bail.

Summary

The petitioner, Shashi Bhushan Prasad Sinha, sought anticipatory bail after being implicated in a case (P.S. No. 444 of 2020) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act, wherein 5.250 litres of illicit liquor were recovered from a vehicle he owned. The prosecution argued that the liquor was seized from his vehicle, making him a suspect, while the petitioner contended that no incriminating material was found in his personal possession and he had a clean antecedent. The petitioner’s counsel emphasized the lack of direct involvement and the fact that ownership alone should not suffice for arrest. The State opposed the bail, asserting the seriousness of the offence and the petitioner’s connection to the seized vehicle. The Court considered the petitioner’s ownership of the vehicle and the nature of the offence, concluding that mere ownership does not justify anticipatory bail. Consequently, the Court refused the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act

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.28590 of 2026
                   Arising Out of PS. Case No.-444 Year-2020 Thana- MUZAFFARPUR SADAR District-
                                                       Muzaffarpur
                 ======================================================
                 Shashi Bhushan Prasad Sinha@Shashi Bhusan Prasad S/O Kailash Mahto
                 R/O Vill.- Lodipur, P.S.- Chhabila Pur, Dist.- Nalanda, Bihar.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Akhileshwar Kumar Shrivastva, Advocate
                 For the Opposite Party/s :     Ms. Veena Kumari Jaiswal, 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 Muzaffarpur Sadar

                   P. S. Case No. 444 of 2020 registered for the offence punishable

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

                                3. As per prosecution case, 5.250 liters illicit liquor

                   was recovered from the seized vehicle 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.28590 of 2026(2) dt.30-04-2026
                                                          2/2




                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of the

                        seized vehicle, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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