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Patna High Court

Ravindra KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner, being the registered owner of the vehicle from which illicit liquor was seized, could not be granted bail.

Summary

The petitioner, Ravindra Kumar, sought anticipatory bail after the police seized 2.050 liters of illicit liquor from a vehicle registered in his name. The prosecution alleged that the liquor was recovered from the seized vehicle, implicating the petitioner under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession and that he was being implicated merely on suspicion. The State opposed the bail, emphasizing the large quantity of liquor recovered from the vehicle owned by the petitioner. The court considered the ownership of the vehicle and the seriousness of the offence, and consequently refused the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail can be granted to the owner of a vehicle from which illicit liquor is seized under the Bihar Prohibition and Excise Act.

Legislation cited

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.39757 of 2026
                   Arising Out of PS. Case No.-83 Year-2026 Thana- Excise Benipatti District- Madhubani
                 ======================================================
                 Ravindra Kumar S/O Pramod Raut R/O Village- Basuki Bihari, P.S-
                 Madhwapur, District- Madhubani.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Ranjan, Advocate
                 For the Opposite Party/s :        Mr. Gulnar Begum, 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 offences punishable under section 30(a) of Bihar Prohibition

                   and Excise Act.

                                3. As per prosecution case, 2.050 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.39757 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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