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Patna High Court

Rakesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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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