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Patna High Court

Manjesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner, being the registered owner of the vehicle from which a large quantity of illicit liquor was seized, could not be granted bail on mere suspicion.

Summary

The petitioner, Manjesh Kumar, sought anticipatory bail after a police case (PS No. 627 of 2020) was registered alleging his involvement in offences under Sections 272, 273, 414 and 34 of the Indian Penal Code and Section 30(a) of the Bihar Prohibition and Excise Act, based on the recovery of 90 litres of illicit liquor from a car registered in his name. The prosecution argued that the seized vehicle belonged to the petitioner and that the quantity of contraband was substantial. The petitioner contended that no incriminating material was found in his personal possession and that he was implicated merely on suspicion. The State highlighted that the petitioner had a prior criminal antecedent. The Court, after considering the ownership of the vehicle and the seriousness of the offence, refused the prayer for anticipatory bail, concluding that the petitioner could not be granted protection merely on the basis of lack of direct possession.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the recovery of illicit liquor from a vehicle registered in his name.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • IPC
  • Bihar Prohibition and Excise Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38210 of 2026
                     Arising Out of PS. Case No.-627 Year-2020 Thana- KUDHNI District- Muzaffarpur
                 ======================================================
                 Manjesh Kumar Son of Late Niranjan Chaudhary Resident Of village-
                 Kharauna Jairam, Ps- Kudhni, Dist- Muzaffarpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Priyesh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rabindra Kumar, 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 Kudhni (Turki O.P.)

                   P. S. Case No. 627 of 2020 registered for the offences

                   punishable under Sections 272, 273, 414/34 of the Indian Penal

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

                                3. As per prosecution case, 90 liters illicit liquor was

                   recovered from the seized car 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.

                                5. Learned A.P.P. for the State opposes the prayer for
              Patna High Court CR. MISC. No.38210 of 2026(2) dt.25-06-2026
                                                          2/2




                        bail of the petitioner has got one criminal antecedent.

                                     6. Considering the fact that petitioner is owner of the

                        seized car from which huge quantity of illicit liquor was

                        recovered, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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