Patna High Court
Rishi KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Rishi Kumar, sought anticipatory bail after a police case was registered against him for alleged possession of 36 litres of illicit liquor recovered from a motorcycle he owned. The prosecution charged him under Sections 30(a) and 41(1) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found on his person and that he was implicated only on suspicion. The State opposed bail, highlighting the petitioner’s two prior criminal antecedents. Considering the ownership of the seized vehicle and the antecedents, the court refused the anticipatory bail application.
Issues considered
- Whether anticipatory bail should be granted to a person whose vehicle is seized containing illicit liquor under the Bihar Prohibition and Excise Act.
- Whether prior criminal antecedents justify denial of anticipatory bail.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41(1)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- criminal antecedents
- bail refusal
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39632 of 2026
Arising Out of PS. Case No.-168 Year-2025 Thana- JITNA District- East Champaran
======================================================
Rishi Kumar S/o- Kishori Sah Resident of village- Mathiya ward No 06 PS-
Chhatauni District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate
For the Opposite Party/s : Mr. Rajendra Prasad Nat, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 24-06-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Jitna P.S. Case No.
168 of 2025 registered for the offence punishable under Sections
30(a), 41(1) of Bihar Prohibition and Excise Act.
3. As per prosecution case, 36 liters illicit liquor was
recovered from the seized motorcycle 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 and he has been made accused in this case
only on suspicion.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that petitioner has got two
Patna High Court CR. MISC. No.39632 of 2026(2) dt.24-06-2026
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criminal antecedents.
6. Considering the fact that petitioner is owner of the
seized motorcycle and criminal antecedents, prayer for
anticipatory bail of the petitioner is refused.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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