Patna High Court
Sanjay GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 32(2)
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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