Patna High Court
Kamal BesraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner was implicated by the recovery of illicit liquor from his premises and the Full Bench precedent precludes granting bail.
Summary
The petitioner, Kamal Besra, applied for anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 21 litres of illicit liquor recovered from his house. The petitioner argued that no incriminating material was found in his conscious possession and that he was being implicated merely on suspicion, asserting a clean antecedent. The State contended that the recovery of the liquor from the petitioner’s premises justified denial of anticipatory bail, relying on a Full Bench decision in Ram Vinay Yadav v. State of Bihar. The court examined the relevance of the Full Bench precedent and the factual nexus between the recovered liquor and the petitioner. Concluding that the petitioner was not entitled to anticipatory bail, the court rejected the application.
Issues considered
- Whether anticipatory bail can be granted when illicit liquor is recovered from the accused's premises under Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to deny anticipatory bail in the present case.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- Section 30(a)
- Full Bench precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28597 of 2026
Arising Out of PS. Case No.-127 Year-2025 Thana- KURSAKANTA District- Araria
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Kamal Besra S/o Raghunath Besra R/o vill - Kabilasa, ward no. 14, P.s.-
Kursakanta, Distt.- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gopal Kumar Jha, Advocate
For the Opposite Party/s : Mr. Umesh Lal Verma, 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 Kursakanta P. S.
Case No. 127 of 2025 registered for the offence punishable
under Section 30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 21 liters illicit liquor
was recovered from the house of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State submits that 21 liters
illicit liquor was recovered from the house of the petitioner and
as such, petitioner is not entitled to the privilege of anticipatory
Patna High Court CR. MISC. No.28597 of 2026(2) dt.30-04-2026
2/2
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 petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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