Dilip Ram @ Dilip KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.29392 of 2026
                            Arising Out of PS. Case No.-7 Year-2026 Thana- BIHTA District- Patna
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                 Dilip Ram @ Dilip Kumar S/o- Bhushan Ram Village- Chandos Mathiya, P.S-
                 Sigori, District- Patna

                                                                                      ... ... Petitioner/s
                                                          Versus
                 The State of Bihar
                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :        Mr. Patanjali Rishi
                                                    (appeared through Video Conferencing)
                 For the Opposite Party/s :         Mr. Khurshid Anwar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

2   07-05-2026         1. Heard learned counsel for the petitioner and learned

                            Additional Public Prosecutor for the State.

                       2.   This application, for grant of anticipatory bail, arises out

                            of Bihta Police Station Case No. 07 of 2026, dated

                            03.01.2026, disclosing offences under Sections 30(a) of

                            the Bihar Prohibition and Excise Act.

                       3.   The prosecution case, as per the First Information Report,

                            is that during patrol the police received secret information

                            that a green coloured CNG tempo was parked near NIT

                            Gate on Ara-Patna Main Road carrying illicit liquor. On

                            such information, the police reached at the spot and found

                            the said tempo, bearing registration no. BR01-PR-2730,

                            parked on the roadside. Upon search of the tempo, eight

                            plastic sacks containing 400 litres of Mahua liquor packed
Patna High Court CR. MISC. No.29392 of 2026(2) dt.07-05-2026
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                  in 16 polythene packets of 25 litres each were recovered.

              4. Learned counsel for the petitioner submits that the

                  petitioner happens to be the owner of the vehicle, in

                  question, has falsely been implicated in the present case

                  on mere suspicion and on the basis of secret information.

                  He next submits that the petitioner was not present at the

                  place of occurrence and illicit liquor has not been

                  recovered from conscious possession of the petitioner. He

                  further submits that the tempo was parked near the

                  roadside and the petitioner has no concern with the illicit

                  liquor recovered from his vehicle and has no knowledge

                  that as to who left liquor sacks in his vehicle. The

                  petitioner has got no criminal antecedent.

              5. After having heard learned counsel for the parties and

                  taking into consideration the fact that the police has

                  recovered 400 litres of Mahua liquor and from seizure list

                  it is apparent that illicit liquor has been recovered from

                  the vehicle of the petitioner as such prima facie offence

                  under the Bihar Prohibition and Excise Act, 2016 is made

                  out and the Hon’ble Full Bench of this Court has held that

                  anticipatory bail in such cases in not maintainable.

                  Accordingly, in view of the law laid down by the Full
            Patna High Court CR. MISC. No.29392 of 2026(2) dt.07-05-2026
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                              Bench in Criminal Appeal (SJ) No. 431 of 2019, I am

                              not inclined to grant the petitioner privilege of

                              anticipatory bail.

                          6. This application is, accordingly, dismissed.

                          7. However, if the petitioner surrenders before the

                              concerned court and seeks regular bail, the same may be

                              considered by the learned Special Excise Judge, Danapur,

                              Patna, on the same date, without being prejudiced to the

                              fact that the anticipatory bail of the petitioner has been

                              dismissed.



                                               (Anil Kumar Sinha, J)
ashwani/-

U      T