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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

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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