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Patna High Court

Sanjay GiriversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because ownership of the vehicle containing a large quantity of illicit liquor was sufficient ground to refuse bail.

Summary

The petitioner, Sanjay Giri, sought anticipatory bail after the police seized a vehicle registered in his name containing 150 litres of illicit liquor, alleged to be a violation of sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act. The prosecution argued that the large quantity of liquor recovered from the vehicle justified his arrest. The petitioner contended that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The court examined whether ownership of the vehicle alone suffices to deny anticipatory bail. Considering the seizure and the seriousness of the offence, the court refused the petition for anticipatory bail, effectively dismissing the relief sought.

Issues considered

  • Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor has been seized under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • vehicle ownership
  • Bihar Prohibition and Excise Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39651 of 2026
                          Arising Out of PS. Case No.-180 Year-2026 Thana- BEUR District- Patna
                 ======================================================
                 Sanjay Giri Son of Rajnandan Giri R/o Bochachak, P.S.- Phulwarisharif,
                 District- Patna.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ram Jiban Pd. Singh, Advocate
                 For the Opposite Party/s :        Mr. Kumar Ranjit Ranjan, APP
                 ======================================================
                 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 a case registered for

                   the offences punishable under section 30(a) and 32(2) of Bihar

                   Prohibition and Excise Act.

                                 3 . As per prosecution case , 150 liters of illicit liquor

                   was recovered from the seized vehicle 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 opposed the prayer for
          Patna High Court CR. MISC. No.39651 of 2026(2) dt.24-06-2026
                                                      2/2




                    bail of the petitioner and submitted that huge quantity of liquor

                    has been recovered from seized vehicle of which this petitioner

                    is registered owner.

                                 6. Considering the fact that petitioner is owner of the

                    seized vehicle from which huge quantity of illicit liquor has

                    been recovered, prayer for anticipatory bail of the petitioner is

                    refused.



                                          (Prabhat Kumar Singh, J)
Koushik/Alok
Raj-

U     T


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