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Patna High Court

Mohit KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Mohit Kumar, sought anticipatory bail after the police recovered 39.9 litres of illicit liquor from his residence, alleging an offence under section 30(a) of the Bihar Prohibition and Excise Act. The petitioner claimed innocence, stating no incriminating material was found in his conscious possession and that he was falsely implicated. The State argued that the recovery from his house and a prior criminal antecedent justified denial of bail, relying on a Full Bench decision in Ram Vinay Yadav vs State of Bihar (2019 (2) P.L.J.R. 1089 (F.B.)). The Court considered the precedent and the facts of the recovery, concluding that the petitioner was not entitled to anticipatory bail. Consequently, the anticipatory bail petition was rejected.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances.
  • Whether the recovery of illicit liquor from the petitioner’s house and his criminal antecedent preclude the grant of anticipatory bail, in light of the Full Bench decision in Ram Vinay Yadav vs State of Bihar.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • criminal antecedent
  • bail denial

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40332 of 2026
                      Arising Out of PS. Case No.-464 Year-2025 Thana- SABAUR District- Bhagalpur
                 ======================================================
                 Mohit Kumar S/O Raghunath Mandal Resident of Village - Mamalaka
                 Lailakh, P.S- Sabour,Dist- Bhagalpur

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Chandra Shekhar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Syed Ehteshamuddin, 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 39.9 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.40332 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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