Patna High Court
Raj Kumar ChauhanversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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
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