Created by Fuzzy Cloud

Patna High Court

Raj Kumar ChauhanversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the recovery of illicit liquor from the petitioner's premises, in line with the Full Bench precedent, precludes the grant of bail.

Summary

The petitioner, Raj Kumar Chauhan, applied for anticipatory bail after 92 litres of illicit liquor were recovered from his house in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that no incriminating material was found in his conscious possession, that he had no connection with the seizure, and that he possessed a clean antecedent. The State contended that the recovery from his premises established sufficient grounds to deny bail and relied on the Full Bench decision in Ram Vinay Yadav v. State of Bihar. The court examined the facts and the precedent, concluding that the presence of the liquor at the petitioner's residence justified refusal of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act.
  • Whether the recovery of illicit liquor from the petitioner's house suffices to deny anticipatory bail.
  • Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is applicable to the present case.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • Section 30(a)
  • Full Bench precedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39636 of 2026
                       Arising Out of PS. Case No.-64 Year-2026 Thana- MESKAUR District- Nawada
                 ======================================================
                 Raj Kumar Chauhan S/o Late Tulsi Chauhan R/o Village- Dimagi Bigha, P.S-
                 Meskaur, Dist- Nawada.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Arun Kumar, Advocate
                 For the Opposite Party/s :       Mr. Abhay Kumar, 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 Meskaur P. S. Case

                   No. 64 of 2026 registered for the offence punishable under

                   Section 30(a) of the Bihar Prohibition and Excise Act.

                                3. As per the prosecution case, total 92 liters illicit

                   liquor was recovered from the house of petitioner.

                                4. Learned counsel appearing for the petitioner

                   submits that no incriminating material has been recovered from

                   the conscious possession of the petitioner and he is no way

                   connected with the aforesaid recovery. Petitioner has been made

                   accused only on suspicion. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State submits that 92 liters

                   illicit liquor was recovered from the house of the petitioner. He

                   further submits that petitioner is not entitled to the privilege of
          Patna High Court CR. MISC. No.39636 of 2026(2) dt.24-06-2026
                                                      2/2




                    anticipatory bail in view of Full Bench decision of this Court

                    rendered in the case of Ram Vinay Yadav vs. The State of Bihar

                    reported in 2019(2) P.L.J.R. 1089 (F.B.).

                                 6. Considering the aforesaid facts, anticipatory bail

                    application of the petitioner is rejected.



                                          (Prabhat Kumar Singh, J)
Navya/Sanjay

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.