Patna High Court
Vikku SavversusThe 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 illicit liquor was seized established a sufficient nexus to the offence.
Summary
The petitioner, Vikku Sav, feared arrest in a case under sections 30(a) and 47 of the Bihar Prohibition and Excise Act after 103.5 litres of illicit liquor was seized from a vehicle registered in his name. The prosecution alleged the liquor was illicit, while the petitioner contended that no incriminating material was found in his conscious possession and he was implicated only on suspicion. The State opposed bail, emphasizing the large quantity of liquor recovered from the petitioner’s vehicle. The Court considered the petitioner’s ownership of the vehicle as a material link to the offence. Consequently, the Court refused the petitioner's anticipatory bail application.
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 Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 47
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39758 of 2026
Arising Out of PS. Case No.-55 Year-2025 Thana- EXCISE PAKRIBARAWAN District-
Nawada
======================================================
Vikku Sav Son of Sato Yadav Resident of Village- Mahuliyatand, P.S.-
Kawakol, District- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sheo Nandan Prasad, Advocate
For the Opposite Party/s : Mr. Pronoti 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 offences punishable under sections 30(a) and 47 of Bihar
Prohibition and Excise Act.
3 . As per prosecution case , 103.500 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.39758 of 2026(2) dt.29-06-2026
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/Sanjay-
U T
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