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Patna High Court

Sukran Kumar @ Sukaram KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused because the petitioner was the registered owner of the vehicle from which a large quantity of illicit liquor was seized.

Summary

The petitioner, Sukran Kumar, sought anticipatory bail after the police seized a vehicle registered in his name from which 4.98 litres of illicit liquor was recovered, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016. The prosecution argued that the large quantity of liquor recovered from the petitioner’s vehicle justified denial of bail. The petitioner contended that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The court examined the ownership of the vehicle and the seriousness of the alleged offence. Considering that the petitioner was the registered owner of the vehicle from which the illicit liquor was seized, the court held that anticipatory bail could not be granted. Consequently, the petition for anticipatory bail was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to a person whose registered vehicle is found to contain illicit liquor under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2016.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.39655 of 2026
                    Arising Out of PS. Case No.-84 Year-2026 Thana- MAGADH MEDICAL COLLEGE
                                                      District- Gaya
                 ======================================================
                 Sukran Kumar @ Sukaram Kumar S/o Late Kheman Vishwakarma @ Late
                 Kheman Mistri Resident of Village - Afzalpur, P.S.- Sherghati, District -
                 Gayaji

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Vijay Kumar, Advocate
                 For the Opposite Party/s :       Mr. Rana Randhir Singh, 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) of Bihar

                   Prohibition and Excise Amendment Act 2016.

                                 3 . As per prosecution case , 4.980 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 .
          Patna High Court CR. MISC. No.39655 of 2026(2) dt.24-06-2026
                                                      2/2




                                 5 . Learned A.P.P. for the State opposed the prayer for

                    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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