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Patna High Court

Vivekanand KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Vivekanand Kumar, sought anticipatory bail after the police seized 450 litres of illicit Nepali liquor from a vehicle registered in his name. The prosecution alleged that the liquor was contraband under Section 30(a) of the Bihar Prohibition and Excise Act and Sections 274, 275 and 3(5) of the B.N.S. The petitioner contended that he was falsely implicated because the liquor was not found in his conscious possession and he had a clean antecedent. The State opposed the bail, emphasizing the large quantity of illegal liquor recovered from the petitioner’s vehicle. The court considered the seriousness of the offence and the fact that the vehicle, owned by the petitioner, was used to transport the liquor. Consequently, the court rejected the anticipatory bail application, finding no sufficient ground to grant relief.

Issues considered

  • What is the appropriate exercise of discretion by the court in granting or refusing anticipatory bail in a case involving alleged possession of large quantities of illicit liquor?

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • vehicle ownership
  • Bihar Prohibition and Excise Act
  • B.N.S.
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38597 of 2026
                 Arising Out of PS. Case No.-25 Year-2026 Thana- BHAIRAVSHTHAN District- Madhubani
                 ======================================================
                 Vivekanand Kumar Son of Taranand Kuwar Resident of Village- (Ward No.
                 13) Andah Khajuri, P.S.- Pandaul, District- Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner     :        Ms. Shambhawi, Advocate
                 For the State          :        Mr. Pronoti Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   22-06-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Section 30(a) of the

                   Bihar Prohibition and Excise Act and Sections 274, 275 and

                   3(5) of the B.N.S..

                                3. As per prosecution case, 450 litres illicit Nepali

                   liquor was recovered from the seized car of which this petitioner

                   is registered owner.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner has falsely been

                   implicated in this case merely because he happens to be owner

                   of the vehicle in question. Nothing has been recovered from the

                   conscious possession of this petitioner. Petitioner claims clean
             Patna High Court CR. MISC. No.38597 of 2026(3) dt.22-06-2026
                                                         2/2




                       antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that huge quantity of liquor was

                       recovered from the seized vehicle of which this petitioner is

                       registered owner.

                                    6. Considering the nature of accusation and the fact

                       that huge quantity of illicit liquor was recovered from the seized

                       vehicle of which this petitioner is registered owner, the prayer

                       for grant of anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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