Patna High Court
Ajay Paswan @ Ajay @ Ajay KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s ownership of the vehicle containing a large quantity of illicit liquor and his prior similar convictions warranted refusal of bail.
Summary
The petitioner, Ajay Paswan, sought anticipatory bail after learning that a case had been registered against him under Section 30(a) of the Bihar Prohibition and Excise Act for the alleged possession of 10 litres of illicit country-made liquor recovered from a vehicle registered in his name. The prosecution alleged that the liquor was seized from the vehicle and highlighted the petitioner's five prior criminal convictions, three of which were of a similar nature. The petitioner contended that no incriminating material was found in his conscious possession and that he was being implicated merely on suspicion. The State opposed the bail, emphasizing the large quantity of liquor recovered and the petitioner's criminal antecedents. The Court, after considering the ownership of the vehicle, the volume of illicit liquor, and the petitioner’s past record, refused the prayer for anticipatory bail, thereby dismissing the petition.
Issues considered
- What is the appropriateness of granting anticipatory bail to a person alleged to be the owner of a vehicle from which a large quantity of illicit liquor was seized?
- Whether the petitioner’s prior criminal antecedents, including similar offences, justify denial of anticipatory bail?
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illegal liquor
- vehicle ownership
- criminal antecedents
- Bihar Prohibition and Excise Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29598 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
======================================================
Ajay Paswan @ Ajay @ Ajay Kumar S/o Jivach Paswan R/o - Raiyam, Ward
No.13, P.S - Bhairavsthan, District - Madhubani, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Anant Kumar 1, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-05-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a) of Bihar Prohibition
and Excise Act.
3 . As per prosecution case , 10 liters of country made
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 .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.29598 of 2026(2) dt.11-05-2026
2/2
bail of the petitioner and submitted that huge quantity of liquor
has been recovered from seized vehicle of which this petitioner
is registered owner and petitioner has got 5 criminal antecedents
out of which 3 are of similar nature .
6. Considering the fact that petitioner is owner of the
seized vehicle from which huge quantity of illicit liquor has
been recovered, criminal antecedents of this petitioner and other
circumstances of case , prayer for anticipatory bail of the
petitioner is refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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