Patna High Court
Manoj KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle established a sufficient link to the offence.
Summary
Manoj Kumar, the owner of a seized motorcycle, was implicated in a case (Case No. 97 of 2024) for alleged contravention of Section 30(a) of the Bihar Prohibition and Excise Act after 42 litres of illicit liquor were recovered, of which 28 litres were found in his motorcycle. The petitioner sought anticipatory bail, contending that no incriminating material was recovered from his conscious possession and that he has a clean antecedent. The State opposed the bail, arguing that ownership of the vehicle from which the liquor was seized establishes a sufficient nexus to the offence. The Court examined whether mere ownership, without possession of the contraband, warrants the grant of anticipatory bail. It held that the connection between the petitioner and the seized liquor was sufficient to deny bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which illicit liquor was recovered, in the absence of incriminating material in his possession.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- seizure
- ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36032 of 2026
Arising Out of PS. Case No.-97 Year-2024 Thana- Champanagar District- Purnia
======================================================
Manoj Kumar Son of Nityanand Sharma @ Nityananda Sharma Resident of
Village-Pharkia, P.S-Basaithi, District-Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. R.N. Tiwari, Mr. Rakesh Kumar Jha, Advocate
For the Opposite Party/s : Mr. Tarun Prasad Mandal, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Champanagar P. S.
Case No. 97 of 2024 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 42 liters illicit liquor
was recovered out of which 28 liters illicit liquor was recovered
from the seized motorcycle 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. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
Patna High Court CR. MISC. No.36032 of 2026(2) dt.25-06-2026
2/2
bail of the petitioner.
6. Considering the fact that petitioner is owner of the
seized motorcycle, prayer for anticipatory bail of the petitioner
is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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