Patna High Court
Ayush KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused as the petitioner’s ownership of the seized car established sufficient grounds for liability.
Summary
The petitioner, Ayush Kumar, the registered owner of a car from which 228.75 litres of illicit liquor was seized, sought anticipatory bail under the Bihar Prohibition and Excise Act. The prosecution alleged that the liquor was recovered from his vehicle, implicating him in an offence punishable under Section 30(a) of the Act. The petitioner argued that no incriminating material was found in his personal possession, he had no direct involvement in the recovery, and he possessed a clean antecedent, contending that the accusation was based merely on suspicion. The State opposed the bail, emphasizing the seriousness of the offence and the petitioner’s ownership of the seized vehicle. The Court considered the ownership link sufficient to deny anticipatory bail, concluding that the petitioner could be held liable despite lack of direct possession. Consequently, the petition for anticipatory bail was rejected.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite being only the owner of the vehicle from which illicit liquor was seized
- Whether ownership of the seized vehicle establishes sufficient grounds for liability under Section 30(a) of the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41341 of 2026
Arising Out of PS. Case No.-148 Year-2025 Thana- BALRAMPUR District- Katihar
======================================================
Ayush Kumar S/o Yogendra Sah R/o Kalasan Rasulpur, Ward No. 4, P.S.-
Dhuriya, Ward No. 4, Distt.- Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Md. Shakir Ahmad, 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 Section 30(a) of Bihar Prohibition
and Excise Act.
3. As per prosecution case, 228.75 liters illicit liquor
was recovered from the seized 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.41341 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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