Patna High Court
Hamraj AnsariversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a), 47
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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