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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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