Patna High Court
Bhola SawversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail petition is rejected; the petitioner is not entitled to anticipatory bail.
Summary
The petitioner, Bhola, sought anticipatory bail after the police recovered 35 litres of illicit liquor from his house under Section 30(a) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from his premises and highlighted a prior criminal antecedent, arguing that he was not eligible for anticipatory bail. The petitioner contended that he had no possession of the liquor and was falsely implicated, asserting innocence. The State relied on a Full Bench decision in Ram Vinay Yadav vs. State of Bihar (2019 PLJR 1089) to argue that anticipatory bail should be denied in such circumstances. The court, applying the precedent, rejected the anticipatory bail petition, concluding that the petitioner was not entitled to the privilege of pre‑arrest bail.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
- Whether the Full Bench decision in Ram Vinay Yadav vs. State of Bihar precludes anticipatory bail in cases involving illicit liquor recovery
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- pre‑arrest bail
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40295 of 2026
Arising Out of PS. Case No.-280 Year-2026 Thana- Excise P.S. District- Nawada
======================================================
Bhola Saw S/o Mauji Saw R/o Village - Kharat, P.S. - Muffasil, Dist. -
Nawada.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Verma, Advocate
For the Opposite Party/s : Mr. Sucheta Yadav, Addl. Public Prosecutor
======================================================
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 section 30(a) of the Bihar
Prohibition and Excise Act.
3 . Prosecution case is that 35 liters of illicit liquor
was recovered from the house of this petitioner.
4. Learned counsel appearing for the petitioner
submits that the petitioner is innocent and has falsely been
implicated in this case. No incriminating material has been
recovered from the conscious possession of the petitioner and he
is no way connected with the aforesaid recovery.
5. Learned counsel for the State submits that the
recovery has been made from the house of the petitioner and has
Patna High Court CR. MISC. No.40295 of 2026(2) dt.29-06-2026
2/2
one criminal antecedent. He further submits that petitioner is not
entitled to the privilege of anticipatory bail in view of Full
Bench decision of this Court rendered in the case of Ram Vinay
Yadav vs. The State of Bihar reported in 2019(2) P.L.J.R. 1089
(F.B.).
6. Considering the aforesaid decision of this Court,
this pre-arrest bail petition is rejected.
(Prabhat Kumar Singh, J)
Koushik/Sanjay-
U T
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