Patna High Court
Dharmendra Kumar @ Dharmendra Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
Holding
The court denied anticipatory bail, holding that the recovery of a large quantity of illicit liquor from a vehicle owned by the petitioner justified refusal of bail.
Summary
The petitioner, Dharmendra Kumar, sought anticipatory bail after the police seized a motorcycle registered in his name containing 63 litres of illicit Nepali liquor, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he was falsely implicated because nothing was found in his conscious possession and he had no prior similar offences. The State opposed the bail, emphasizing the large quantity of contraband recovered from the vehicle he owned. The court considered the seriousness of the offence and the fact that the seized vehicle belonged to the petitioner. Concluding that ownership of the vehicle linked the petitioner to the offence, the court rejected the anticipatory bail application. Consequently, the petition for bail was dismissed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the Criminal Procedure Code given the seizure of a large quantity of illicit liquor from a vehicle registered in his name.
- Whether mere ownership of a vehicle containing prohibited liquor suffices to justify denial of anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39588 of 2026
Arising Out of PS. Case No.-39 Year-2024 Thana- KUNAULI District- Supaul
======================================================
Dharmendra Kumar @ Dharmendra Kumar Yadav S/o Anant Yadav R/o
Village - Shahpur Prithwipatti Ward No. 10, P.S - Bhaptiyahi, District -
Supaul
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Prasoon Kumar, Advocate
For the State : Mr. Anant Kumar 1, 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 Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 63 liters illicit Nepali
liquor was recovered from the seized 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
conscious possession of this petitioner. Petitioner has got no
Patna High Court CR. MISC. No.39588 of 2026(2) dt.23-06-2026
2/2
criminal antecedents of similar nature.
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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