Patna High Court
Bijendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner is the registered owner of the seized scooty.
Summary
The petitioner, Bijendra Kumar, sought anticipatory bail after a case was registered under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 14 litres of illicit liquor recovered from a scooty registered in his name. The prosecution alleged the scooty contained the contraband, while the petitioner contended that the vehicle was stolen and he had no conscious possession of the liquor, also asserting a clean antecedent. The State opposed the bail application. The Court examined whether ownership of the vehicle, despite the claim of theft, sufficed to deny anticipatory bail. Considering the petitioner’s ownership of the seized scooty, the Court refused the anticipatory bail. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor was recovered under the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- ownership
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39294 of 2026
Arising Out of PS. Case No.-20 Year-2025 Thana- KHAJEKALA District- Patna
======================================================
Bijendra Kumar S/o Ram Lakhan Mahto R/O Mohalla- Chai Tola,
Musallahpur, Police Station- Sultanganj, District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raj Krishna Jha, 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 Khajekalan P. S.
Case No. 20 of 2025 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 14 liters illicit liquor was
recovered from the seized scooty 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 as scooty of the petitioner was stolen.
Petitioner claims clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
Patna High Court CR. MISC. No.39294 of 2026(2) dt.25-06-2026
2/2
6. Considering the fact that petitioner is owner of the
seized scooty, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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