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Patna High Court

Sandeep KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner, as the registered owner of the vehicle, is implicated in the offence.

Summary

The petitioner, Sandeep Kumar, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act. The FIR alleged that 1,679.4 liters of illicit liquor were seized from a Mahindra Magic vehicle, which is registered in the petitioner's name. The court examined whether ownership of the vehicle alone suffices to grant anticipatory bail. It held that the petitioner’s status as the registered owner links him directly to the alleged offence. Consequently, the court rejected the petition for anticipatory bail, concluding that the petitioner is not entitled to such relief.

Issues considered

  • Whether anticipatory bail can be granted to the registered owner of a vehicle from which illicit liquor was seized under Section 30(a) of the Bihar Prohibition and Excise Act.

Subjects

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

Judgment

                         IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.3459 of 2026
                      Arising Out of PS. Case No.-279 Year-2024 Thana- MUSAHARI District- Muzaffarpur
                    ======================================================
                    Sandeep Kumar S/o Ram Babu Prasad @ Rambaboo Prasad Shah Resident of
                    Mohalla- Pipra Station, P.S.- Pipra Station, District- East Champaran
                                                                                     ... ... Petitioner/s
                                                         Versus
                    The State of Bihar
                                                                              ... ... Opposite Party/s
                    ======================================================
                    Appearance :
                    For the Petitioner/s     :       Mr.Sunil Kumar No.III
                    For the Opposite Party/s :       Mrs.Meena Singh
                    ======================================================
                    CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                          ORAL ORDER

2      11-02-2026                    Heard learned counsel for the petitioner and learned

                      A.P.P. for the State.

                                   2. The petitioner apprehends his arrest in a case

                      registered for offence under Section 30(a) of Bihar Prohibition

                      and Excise Act.

                                   3. As per F.I.R., total 1679.4 liters of illicit liquor was

                      recovered from a seized Mahindra Magic vehicle, of which, this

                      petitioner is registered owner.

                                   4. Considering the fact that petitioner is registered

                      owner of the vehicle, from which, aforesaid recovery has been

                      effected,      the prayer for anticipatory bail of petitioner is

                      rejected.



                                                   (Prabhat Kumar Singh, J)
anay

U        T


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