Patna High Court
Ashok Rawat @ Ashik RautversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
Anticipatory bail was denied as the petitioner’s ownership of the vehicle and prior criminal antecedent justified the court’s refusal.
Summary
The petitioner, Ashok Rawat, sought anticipatory bail after a police seizure recovered 31.8 liters of illicit Nepali liquor from a motorcycle registered in his name. He argued that he was falsely implicated as there was no conscious possession of the liquor. The State opposed the bail, highlighting the large quantity seized and the petitioner's prior conviction for a similar offence. The court considered the nature of the accusation, the ownership of the vehicle, the volume of liquor recovered, and the petitioner’s criminal antecedent. Concluding that these factors warranted denial of bail, the court rejected the anticipatory bail application.
Issues considered
- Whether anticipatory bail can be granted when the accused is the registered owner of a vehicle from which a large quantity of illicit liquor was seized.
- Whether ownership of the vehicle alone establishes possession under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act.
- Whether a prior conviction of a similar nature precludes the grant of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- criminal antecedent
- Bihar Prohibition and Excise Act
- Sections 30(a)
- Section 41(1)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39571 of 2026
Arising Out of PS. Case No.-100 Year-2026 Thana- KUNDWACHAINPUR District- East
Champaran
======================================================
Ashok Rawat @ Ashik Raut Son of Bharikshan Rawat Resident of Village -
Hirauta Dumma, Ward No. 10, Police Station - Tariyani, District - East
Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Ajay Kumar Singh, Advocate
For the State : Mr. Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 23-06-2026 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 Sections 30(a) and
41(1) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 31.8 liters illicit Nepali
liquor was recovered from a motorcycle 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
Patna High Court CR. MISC. No.39571 of 2026(2) dt.23-06-2026
2/2
conscious possession of this petitioner.
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. Petitioner has got one criminal antecedent of
similar nature.
6. Considering the nature of accusation, fact that huge
quantity of illicit liquor was recovered from the vehicle of
which this petitioner is registered owner and criminal antecedent
of the petitioner, the prayer for grant of anticipatory bail to the
petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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