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Patna High Court

Amir MishraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized vehicle and the nature of the offences warranted denial of bail.

Summary

Amir Mishra, the registered owner of a motorcycle from which 45 litres of illicit liquor was seized, sought anticipatory bail in a case registered under Sections 274, 275, 317(5)/3(5) of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the seized liquor amounted to 360 litres recovered from two motorcycles, implicating Mishra by ownership of one vehicle. Mishra contended that no incriminating material was found in his conscious possession and that he had a clean antecedent, arguing that the accusation was based merely on suspicion. The State opposed the bail application, emphasizing the seriousness of the offences. The Court, considering Mishra's ownership of the vehicle and the nature of the offences, refused the prayer for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor was seized, despite lack of direct possession of the liquor.
  • Whether mere suspicion and ownership of the vehicle suffice to justify denial of anticipatory bail under the Bharatiya Nyaya Sanhita and Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • prohibition law
  • motor vehicle ownership
  • criminal procedure
  • suspicion
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.37499 of 2026
                    Arising Out of PS. Case No.-226 Year-2024 Thana- KHAJAULI District- Madhubani
                 ======================================================
                 Amir Mishra Son of Late Bhola Mishra Resident of Village- Baruar, P.S.-
                 Babubarhi, District- Madhubani. Present Address- Plot no. 108BKH No. 43
                 Swami Shardha Nan Park Street no. 11 Badli, P.S.- Samalpur, District- North
                 West Delhi

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Vinod Kumar, Advocate
                 For the Opposite Party/s :      Mr. Umeshanand Pandit, 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 Khajauli P. S. Case

                   No. 226 of 2024 registered for the offence punishable under

                   Sections 274, 275, 317(5)/3(5) of the Bharatiya Nyaya Sanhita

                   and Section 30(a) of Bihar Prohibition and Excise Act.

                                3. As per prosecution case, total 360 liters illicit liquor

                   was recovered from two seized motorcycles. Petitioner is

                   registered owner of one of the seized motorcycles from which

                   45 liters illicit liquor was recovered.

                                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
              Patna High Court CR. MISC. No.37499 of 2026(2) dt.25-06-2026
                                                          2/2




                        only on suspicion. Petitioner claims clean antecedent.

                                     5. Learned A.P.P. for the State opposes the prayer for

                        bail of the petitioner.

                                     6. Considering the fact that petitioner is owner of one

                        of the seized motorcycles, prayer for anticipatory bail of the

                        petitioner is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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