Patna High Court
Siyajul BaithaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner’s ownership of the vehicle from which illicit liquor was recovered justified refusal of bail.
Summary
The petitioner, Siyajul Baitha, applied for anticipatory bail after a vehicle registered in his name was seized containing 270 litres of illicit liquor. The prosecution alleged offences under Section 30(a) of the Bihar Prohibition and Excise Act, 2018. The petitioner argued that no incriminating material was found in his personal possession and that he was implicated only on suspicion due to vehicle ownership. The State opposed the bail, emphasizing the large quantity of liquor recovered from the petitioner’s vehicle. The Court considered the ownership link and the seriousness of the alleged offence and refused the anticipatory bail, holding that ownership of the vehicle sufficed to justify denial of bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted when the petitioner is the registered owner of a vehicle from which illicit liquor was seized?
- Whether mere ownership of the vehicle constitutes sufficient participation in the offence under Section 30(a) of the Bihar Prohibition and Excise Act, 2018?
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3013 of 2026
Arising Out of PS. Case No.-416 Year-2022 Thana- KATIHAR NAGAR District- Katihar
======================================================
Siyajul Baitha S/O Sattar Baitha Resident of Village- Musapur, P.S. - Korha,
District-Katihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bimal Kumar , Advocate
For the Opposite Party/s : Mr. Ahmad Ali , APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 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, 2018 .
3 . As per prosecution case , 270 liters of 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 .
5 . Learned A.P.P. for the State opposed the prayer for
Patna High Court CR. MISC. No.3013 of 2026(2) dt.11-02-2026
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.
6. Considering the fact that petitioner is owner of the
seized vehicle from which huge quantity of illicit liquor has
been recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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