Patna High Court
Shatrudhan Kumar JaiswalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the vehicle from which illicit liquor was seized justified denial of bail.
Summary
The petitioner, Shatrudhan Kumar Jaiswal, sought anticipatory bail after the police recovered 240 litres of illicit liquor from a vehicle registered in his name. The prosecution alleged offences under sections 30(a), 41 and 56 of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The State opposed the bail, emphasizing the large quantity of liquor seized from the petitioner’s vehicle. The Court considered the ownership of the vehicle and the seriousness of the alleged offences and concluded that the petitioner’s connection to the seized liquor was sufficient to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail can be granted to a vehicle owner when a large quantity of illicit liquor is recovered from the vehicle.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 41, 56
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39747 of 2026
Arising Out of PS. Case No.-87 Year-2026 Thana- DULHIN BAZAR District- Patna
======================================================
Shatrudhan Kumar Jaiswal S/O Jugal Kishor Jaiswal R/O Village- Purvi Unta
Maurya Nagar, P.S- Jahanabad, Distt.- Jahanabad.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Khushi Awadh, Advocate
For the Opposite Party/s : Mr. Awadhesh Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 29-06-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends arrest in a case registered for
the offence punishable under sections 30(a), 41 and 56 of the
Bihar Prohibition and Excise Act.
3 . As per prosecution case, 240 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.39747 of 2026(2) dt.29-06-2026
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/Sanjay-
U T
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