Patna High Court
Rakesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s ownership of the vehicle from which a substantial amount of illicit liquor was seized established sufficient grounds for arrest.
Summary
The petitioner, Rakesh Kumar, sought anticipatory bail after the police seized 463.50 liters of illicit liquor from a vehicle registered in his name. The prosecution alleged that the liquor was illegal under Section 30(a) of the Bihar Prohibition and Excise Amendment Act, 2018, and that the petitioner, as the vehicle owner, was implicated. The petitioner argued that no incriminating material was found in his personal possession and that his involvement was merely speculative. The State opposed bail, emphasizing the large quantity of liquor recovered from the vehicle. The court considered the ownership of the vehicle and the seriousness of the seizure, and consequently refused the anticipatory bail application. The petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner when a large quantity of illicit liquor is recovered from the vehicle under the Bihar Prohibition and Excise Amendment Act, 2018.
Legislation cited
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Amendment Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39664 of 2026
Arising Out of PS. Case No.-168 Year-2020 Thana- DAUDNAGAR District- Aurangabad
======================================================
Rakesh Kumar S/o Ashok Kumar R/o Vill- Meghraj Bigha, P.S.- Muffasil,
Distt- Aurangabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Mukul Kumari, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, 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 2018.
3 . As per prosecution case , 463.50 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.39664 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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