Patna High Court
Naveen KumarversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The anticipatory bail application was denied.
Summary
The petitioner, Naveen Kumar, was implicated in a case registered under Sections 274 and 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act after 7.5 litres of illicit liquor was recovered from his hut. He contended that no incriminating material was found in his conscious possession, asserted a clean antecedent, and argued that the charge was based merely on suspicion, seeking anticipatory bail. The State argued that the liquor was recovered from the petitioner’s house and cited the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which denied anticipatory bail in similar circumstances. The Court examined whether the petitioner was entitled to anticipatory bail given the facts and the precedent. Concluding that the Full Bench decision was applicable and the suspicion was sufficient, the Court rejected the anticipatory bail application.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section 30(a) of the Bihar Prohibition and Excise Act.
- Whether the Full Bench decision in Ram Vinay Yadav v. State of Bihar is binding on the present anticipatory bail application.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 274, 275
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- Bharatiya Nyaya Sanhita
- Bihar Prohibition and Excise Act
- full bench precedent
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43082 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- CHIRAIYA District- East Champaran
======================================================
Naveen Kumar S/O Dheman Sahani Resident of Village- Lalbegiya, P.S-
Chiraiya, Distt.- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Dhurendra Kumar, Advocate
For the Opposite Party/s : Ms. Renu Kumari, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 01-07-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in Chiraiya P. S. Case
No. 01 of 2026 registered for the offences punishable under
Sections 274, 275 of the Bharatiya Nyaya Sanhita and Section
30(a) of the Bihar Prohibition and Excise Act.
3. As per the prosecution case, 7.5 liters illicit liquor
was recovered from the hut of petitioner.
4. Learned counsel appearing for the petitioner
submits that no incriminating material has been recovered from
the conscious possession of the petitioner and he is no way
connected with the aforesaid recovery. Petitioner has been made
accused only on suspicion. Petitioner claims clean antecedent.
5. Learned A.P.P. for the State submits that 7.5 liters
illicit liquor was recovered from the house of the petitioner. He
Patna High Court CR. MISC. No.43082 of 2026(2) dt.01-07-2026
2/2
further submits that petitioner is not entitled to the privilege of
anticipatory bail in view of Full Bench decision of this Court
rendered in the case of Ram Vinay Yadav vs. The State of Bihar
reported in 2019(2) P.L.J.R. 1089 (F.B.).
6. Considering the aforesaid facts, anticipatory bail
application of the petitioner is rejected.
(Prabhat Kumar Singh, J)
Navya/-
U T
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