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Patna High Court

Hamraj AnsariversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s ownership of the seized vehicle justified the refusal.

Summary

The petitioner, Hamraj Ansari, sought anticipatory bail after the police seized 509.760 liters of illicit liquor from a Brezza car registered in his name. The prosecution alleged that the liquor was recovered under Sections 30(a) and 47 of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession and that he was implicated only on suspicion, asserting a clean antecedent. The State opposed the bail, emphasizing the petitioner’s ownership of the vehicle containing the contraband. The Court considered the relevance of ownership to bail considerations and concluded that the mere ownership of the seized vehicle sufficed to deny anticipatory bail. Consequently, the petition for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor has been seized under the Bihar Prohibition and Excise Act.

Legislation cited

Subjects

  • anticipatory bail
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • ownership of vehicle
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41281 of 2026
                       Arising Out of PS. Case No.-694 Year-2025 Thana- Excise P.S. District- Siwan
                 ======================================================
                 Hamraj Ansari S/O Md. Mobin Ansari @ Mobin Ansari Resident of vill.-
                 Belori Tarka, P.S.- Guthni, Dist.- Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :        Mr. Nand Kumar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   06-07-2026                   Heard learned counsel for the petitioner and the State.

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Sections 30(a), 47 of Bihar

                   Prohibition and Excise Act.

                                3. As per prosecution case, 509.760 liters illicit liquor

                   was recovered from the seized Brezza car 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. Petitioner claims clean antecedent.

                                5. Learned A.P.P. for the State opposes the prayer for

                   bail of the petitioner.
              Patna High Court CR. MISC. No.41281 of 2026(2) dt.06-07-2026
                                                          2/2




                                     6. Considering the fact that petitioner is owner of the

                        seized car, prayer for anticipatory bail of the petitioner is

                        refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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