Patna High Court
Gulshan Kumar @ Ajit KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the seizure of a large quantity of illicit liquor from a vehicle registered in the petitioner's name justified refusal of bail.
Summary
The petitioner, Gulshan Kumar, sought anticipatory bail after police seized 136 litres of illicit country-made liquor from a motorcycle registered in his name. The prosecution alleged that the liquor was illegal under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner contended he was falsely implicated because the liquor was not found in his personal possession and he has a clean record. The State opposed the bail, emphasizing the large quantity of contraband recovered from the vehicle he owned. The court, considering the seriousness of the offence and the fact that the vehicle belonged to the petitioner, rejected the anticipatory bail application, thereby dismissing the petition.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under the circumstances of alleged possession of illicit liquor
- Whether ownership of the vehicle from which contraband was seized suffices to justify denial of anticipatory bail
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a)
Subjects
- anticipatory bail
- illicit liquor
- vehicle ownership
- Bihar Prohibition and Excise Act
- Section 30(a)
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43149 of 2026
Arising Out of PS. Case No.-304 Year-2025 Thana- AMARPUR District- Banka
======================================================
Gulshan Kumar @ Ajit Kumar S/o Niro Yadav @ Niranjan Mandal Resident
of Village - Baja, P.S - Amarpur, District - Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Dhananjay Kumar Pandey, Advocate
For the State : Ms. Asha Devi, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 02-07-2026 Heard learned counsel appearing on behalf of the
petitioner and learned A.P.P. appearing on behalf of the State.
2. The petitioner apprehends his arrest in a case
registered for the offence punishable under Section 30(a) of the
Bihar Prohibition and Excise Act.
3. As per prosecution case, 136 litres illicit country
made liquor was recovered from the seized motorcycle of which
this petitioner is registered owner.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. Nothing has been recovered from the
conscious possession of this petitioner. Petitioner claims clean
antecedents.
Patna High Court CR. MISC. No.43149 of 2026(2) dt.02-07-2026
2/2
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioner and submitted that huge quantity of liquor was
recovered from the seized vehicle of which this petitioner is
registered owner.
6. Considering the nature of accusation and the fact
that huge quantity of illicit liquor was recovered from the seized
vehicle of which this petitioner is registered owner, the prayer
for grant of anticipatory bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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