Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Raja Kumar, the owner of a truck, was implicated in a case (PS No. 40 of 2026) for possession of 1,065 litres of illicit liquor, alleged under Section 30(a) of the Bihar Prohibition and Excise Act. He argued that he had no conscious possession of the liquor, was not the driver, and was being accused merely on suspicion. The State opposed his request for anticipatory bail, emphasizing the large quantity seized and his ownership of the vehicle. The court considered the seriousness of the offence and the petitioner’s connection to the seized truck. Consequently, the court refused the petitioner's prayer for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which a large quantity of illicit liquor was seized under the Bihar Prohibition and Excise Act
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- excise law
- ownership liability
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41465 of 2026
Arising Out of PS. Case No.-40 Year-2026 Thana- EXCISE MAHUWA District- Vaishali
======================================================
Raja Kumar S/o Arvind Singh R/o - Maudah Bujurg @ Maudah Dih, P.S -
Patepur, District - Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Dr.Mrityunjaya Kr.Gautam, 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 Mahua Excise P.S.
Case No. 40 of 2026 registered for the offence punishable under
Section 30(a) of Bihar Prohibition and Excise Act.
3. As per prosecution case, total 1065 liters of illicit
liquor was recovered from the truck of this petitioner bearing
registration no. BR06GH1922.
4. Learned counsel for the petitioner submits that no
incriminating material has been recovered from conscious
possession of the petitioner. Petitioner is the owner of the seized
truck but not the driver of the seized truck. Petitioner has got no
concern with the alleged recovery and he has been made
accused in this case only on suspicion. Petitioner claims clean
Patna High Court CR. MISC. No.41465 of 2026(2) dt.07-07-2026
2/2
antecedent.
5. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner.
6. Considering the huge quantity of illicit liquor was
recovered from the seized truck and also the fact that petitioner
is the owner of the seized truck, prayer for anticipatory bail of
the petitioner is refused.
(Prabhat Kumar Singh, J)
Sanjay/Alok-
U T
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