Patna High Court
Vijay Kumar @ GorakhaversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ANSHUMAN
Holding
The court denied the petition for anticipatory bail.
Summary
The petitioner, Vijay Kumar, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 1.5 litres of illicit liquor. The prosecution alleged that the liquor was recovered from a bathan belonging to the petitioner. The petitioner’s counsel argued that he was innocent and that his name appeared only on suspicion, though he has three pending excise cases for which he is on bail. The State opposed the bail, emphasizing the petitioner’s unclean criminal antecedent. The Patna High Court, after considering the facts, declined to grant anticipatory bail but directed the trial court to entertain a regular bail application if the petitioner surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 30(a) of the Bihar Prohibition and Excise Act given his pending excise cases.
- Whether the petitioner’s prior criminal antecedent warrants denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- regular bail
- excise law
- Bihar Prohibition and Excise Act
- criminal antecedent
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36067 of 2026
Arising Out of PS. Case No.-77 Year-2026 Thana- BHAGWANPUR District- Vaishali
======================================================
Vijay Kumar @ Gorakha S/o Ragho Rai R/o Village - Kirtapur Rajaram, P.S -
Bhagwanpur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ramadhar Shekhar, Adv.
For the Opposite Party/s : Mr.Indu Kumari Srivastava, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 01-06-2026 The Court proceeding is being conducted through
virtual mode.
2. Heard Learned Counsel for the petitioner and
Learned A.P.P for the State.
3. The petitioner is apprehending arrest in connection
with Bhagwanpur P.S. Case No.77 of 2026 lodged on
01.03.2026, for the offence punishable under Section 30(a) of
the Bihar Prohibition and Excise Act.
4. As per the prosecution, the total recovery of 1.5
litres of illicit English liquor has been made from a Bathan,
which is the subject matter of the present case.
5. Learned Counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
also submits that petitioner has been falsely implicated in the
Patna High Court CR. MISC. No.36067 of 2026(2) dt.01-06-2026
2/2
present case and his name has been transpired only on suspicion
and his criminal antecedent. Counsel further submits that
criminal antecedent of the petitioner is not clean as there are
three cases relating to excise matter, pending against him in
which he is on bail in all the cases.
6. Learned APP for the State opposes the prayer for
bail of the petitioner and submits that criminal antecedent of the
petitioner is not clean as there are three cases relating to Excise
matter pending against him and this aspect must be taken into
consideration.
7. In the present facts and circumstances, this Court is
not inclined to grant bail to the petitioner. Accordingly, the
prayer for anticipatory bail of the petitioner is hereby rejected.
8. However, trial court is directed to consider the
regular bail application of the petitioner, if he surrenders within
six weeks from today and prays for regular bail, then trial court
shall pass order on merit without being prejudice of the present
order preferably on the same day.
(Dr. Anshuman, J)
Prakashmani/-
U T
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