Patna High Court
Hardev ChaudharyversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied as the petitioner’s ownership of the vehicle from which a large quantity of illicit liquor was seized justified refusal of bail.
Summary
The petitioner, Hardev Chaudhary, sought anticipatory bail after the police seized a motorcycle registered in his name from which 24.6 litres of illicit Nepali liquor was recovered, alleged to be a violation of Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that he was falsely implicated because the liquor was not found in his conscious possession and he has a clean record. The State opposed the bail, emphasizing the large quantity of contraband recovered from the vehicle owned by the petitioner. The court considered the seriousness of the offence and the fact that the seized vehicle belonged to the petitioner. It concluded that ownership of the vehicle coupled with the seizure of a substantial amount of illicit liquor warranted denial of anticipatory bail. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the seizure of illicit liquor from a vehicle registered in his name
- Whether ownership of the vehicle alone suffices to justify denial of anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- Section 30(a)
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40436 of 2026
Arising Out of PS. Case No.-43 Year-2026 Thana- PARIHAR District- Sitamarhi
======================================================
Hardev Chaudhary S/o Narayan Chaudhary R/o Village- Sirsia, Ward no 06,
PS- Parihar, District- Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Madhusudan Rai, Advocate
For the State : Mr. Sanjay Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 24.600 litres illicit Nepali
liquor was recovered from the seized motorcycle of which this
petitioner is registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. No incriminating article has been
recovered from the conscious possession of this petitioner.
Petitioner claims clean antecedents.
Patna High Court CR. MISC. No.40436 of 2026(2) dt.06-07-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of illicit liquor
was recovered from the seized motorcycle of which this
petitioner is registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of illicit liquor was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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