Patna High Court
Mukesh sahversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
Mukesh Sah was implicated in a case (PS No. 105 of 2026) for alleged possession of 11.620 liters of illicit liquor recovered from a motorcycle, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended that he neither owned nor drove the vehicle and that no incriminating material was found in his conscious possession, arguing that the accusation was based solely on suspicion. The State opposed bail, highlighting the large quantity of liquor seized and the petitioner's three prior convictions for similar offences. The court examined the seriousness of the offence and the petitioner’s criminal antecedents. Considering the substantial seizure and the repeat nature of the offences, the court refused the petition for anticipatory bail. Consequently, the petitioner remains liable to arrest under the pending case.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the seizure of illicit liquor and his prior criminal record
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- criminal antecedents
- seizure of contraband
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41418 of 2026
Arising Out of PS. Case No.-105 Year-2026 Thana- Nawalpur District- West Champaran
======================================================
Mukesh sah son of Shri Parsan Sah Resident of village - Puraina, Ps- Nadi,
Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sharad Kumar Verma, Advocate
For the Opposite Party/s : Mr. Ramesh Chandra, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 07-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Nawalpur P.S. Case
No. 105 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 11.620 liters of illicit
liquor was recovered from the motorcycle bearing Chasis No.
ME4JC83EJNG094781.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is neither the owner nor
driver of the seized motorcycle. Petitioner has got no concern
with the alleged recovery and he has been made accused in this
case only on suspicion.
Patna High Court CR. MISC. No.41418 of 2026(2) dt.07-07-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that huge quantity of liquor
recovered and petitioner has got three criminal antecedents of
similar nature.
6. Considering the huge quantity of recovery and also
the fact that petitioner has got three criminal antecedents of
similar nature, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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