Patna High Court
Prem KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioners, being owners of the seized motorcycles, could not be absolved of liability.
Summary
The petitioners, owners of three motorcycles from which 45 litres of illicit liquor was seized, sought anticipatory bail fearing arrest under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from the vehicles, but no incriminating material was found in the petitioners' personal possession. The petitioners argued that they had no direct involvement and highlighted clean antecedents for two of them, while the third had a prior case pending on bail. The State opposed the bail, emphasizing ownership of the seized vehicles and the seriousness of the offence. The Court considered that ownership alone could not dissociate the petitioners from the alleged contravention and refused the prayer for anticipatory bail. Consequently, the petition was dismissed.
Issues considered
- Whether owners of vehicles from which illicit liquor is seized can be granted anticipatory bail under the Bihar Prohibition and Excise Act
- Whether the absence of incriminating material in the personal possession of the owners justifies anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32(3)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure of vehicles
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41333 of 2026
Arising Out of PS. Case No.-390 Year-2026 Thana- Excise P.S. District- Jamui
======================================================
1. Prem Kumar S/O Late Rajendra Mahto R/O Village- Amba, P.s.- Jamui,
Distt.- Jamui.
2. Surendra Manjhi @ Sulendra Manjhi S/O Tulsi Manjhi R/O Village- Amba,
P.s.- Jamui, Distt.- Jamui.
3. Kushbaha Dhirendra Rajendra S/O Late Rajendra Mahto R/O Village-
Amba, P.s.- Jamui, Distt.- Jamui.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-07-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under Sections 30(a), 32(3) of Bihar
Prohibition and Excise Act.
3. As per prosecution case, total 45 liters illicit liquor
was recovered from three seized motorcycles of which these
petitioners are registered owners.
4. Learned counsel for the petitioners submits that no
incriminating material has been recovered from conscious
possession of the petitioners. Petitioners have got no concern
Patna High Court CR. MISC. No.41333 of 2026(2) dt.06-07-2026
2/2
with the alleged recovery and they have been made accused in
this case only on suspicion. Petitioner no. 2 claims clean
antecedent and petitioner nos. 1 & 3 have got one criminal
antecedent in which they are on bail.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the fact that petitioners are owners of
the seized motorcycles, prayer for anticipatory bail of the
petitioners is refused.
(Prabhat Kumar Singh, J)
Navya/-
U T
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