Patna High Court
Mohit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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