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Patna High Court

Ramesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized vehicle justified denial of bail.

Summary

The petitioner, Ramesh Kumar, sought anticipatory bail after learning that a vehicle he owned was among those from which 491.04 liters of illicit liquor were seized under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from seized vehicles, and the petitioner was implicated solely on the basis of ownership of one such vehicle. The petitioner argued that no incriminating material was found in his personal possession, he had a clean antecedent, and his involvement was merely speculative. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s connection to the seized vehicle. The Court, after hearing both sides, held that ownership of the seized vehicle was sufficient ground to deny anticipatory bail, and consequently refused the petition.

Issues considered

  • Whether anticipatory bail can be granted to a person whose vehicle is seized in connection with an offence under Section 30(a) of the Bihar Prohibition and Excise Act

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.28664 of 2026
                   Arising Out of PS. Case No.-24 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
                 ======================================================
                 Ramesh Kumar S/O Nawal Kishore Bhagat RO Village - Chak Arjani, P.S-
                 Goraul, District- Vaishali

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

                                                           ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Chetna, Advocate
                 For the Opposite Party/s :       Mr. Anil Kumar, 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 Excise Mahua P. S.

                   Case No. 24 of 2026 registered for the offence punishable under

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

                                3. As per prosecution case, total 491.04 liters illicit

                   liquor was recovered from differed seized vehicles. Petitioner is

                   owner of one of the seized vehicles.

                                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

                   bail of the petitioner.
              Patna High Court CR. MISC. No.28664 of 2026(2) dt.30-04-2026
                                                          2/2




                                     6. Considering the fact that petitioner is owner of one

                        of the seized vehicles, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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