Patna High Court
Vivekanand KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
- B.N.S. — s. 274, 275, 3(5)
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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