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Patna High Court

Randheer Kumar @ Randhir DasversusThe State of Bihar

Decided
Disposal
DISMISSED

Holding

Anticipatory bail was not granted.

Summary

The petitioner, owner of a truck from which 1,860 litres of beer were seized, applied for anticipatory bail under section 30(a) of the Bihar Prohibition & Excise Act. He claimed the liquor was being transported without his knowledge. The court noted that the petitioner is already accused in two similar cases from 2023 and 2025. Considering these pending cases, the court was not inclined to grant anticipatory bail. The application was rejected, and the petitioner was directed to surrender before the lower court and seek regular bail. The court clarified that its observations are limited to this bail application and do not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under section 30(a) of the Bihar Prohibition & Excise Act given the seizure of liquor and his prior criminal cases.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition & Excise Act
  • section 30(a)
  • liquor seizure
  • criminal procedure
  • bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37115 of 2026
                    Arising Out of PS. Case No.-576 Year-2026 Thana- AHIYAPUR District- Muzaffarpur
                 ======================================================
                 Randheer Kumar @ Randhir Das S/o Prabhakar Thakur Resident of Village-
                 Berua Tola, Ibrahimpur, P.S.- Gaighat, District- Muzaffarpur

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Adesh Raj Singh, Advocate
                 For the Opposite Party/s :        Mr. Bishweshwar Ram, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-06-2026                    Heard learned counsel for the parties.

                                   2.         This application for anticipatory bail arises

                   out of Ahiyapur P.S. Case No.576 of 2026 registered for the

                   offence under section 30(a) of the Bihar Prohibition & Excise

                   Act.

                                   3.         The petitioner is the owner of the truck from

                   which, about 1,860 litres of beer has been recovered.

                                   4.         It has been submitted by learned counsel for

                   the petitioner that the petitioner is the owner of some trucks and

                   without his knowledge the liquor was being transported from

                   the said truck.

                                   5.         Considering the fact that the petitioner is

                   accused in two more similar criminal cases, which have been

                   instituted in the year 2023 and 2025, I am not inclined to grant
              Patna High Court CR. MISC. No.37115 of 2026(2) dt.15-06-2026
                                                          2/2




                        anticipatory bail to the petitioner. Accordingly, this anticipatory

                        bail application is rejected. The petitioner may surrender before

                        the Court below and seek regular bail.

                                        6.      It is, however, clarified that the observations

                        made herein are limited to the adjudication of the present bail

                        application and shall not prejudice the case of the petitioner at

                        any subsequent stage of the trial and this Court has not

                        expressed any opinion on the merits of the case.



                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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