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Patna High Court

Aryan KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized motorcycle was deemed sufficient ground to deny bail.

Summary

The petitioner, Aryan Kumar, sought anticipatory bail after the police registered a case under Section 30(a) of the Bihar Prohibition and Excise Act for possession of 40 litres of illicit liquor recovered from a motorcycle registered in his name. The prosecution alleged the liquor was illicit, while the petitioner contended that no incriminating material was found in his conscious possession and that he was implicated merely on suspicion, asserting a clean antecedent. The State opposed the bail, emphasizing the petitioner’s ownership of the seized vehicle. The Court considered that ownership of the vehicle linked the petitioner to the contraband and that mere suspicion did not justify anticipatory bail. Consequently, the Court refused the petitioner's prayer for anticipatory bail.

Issues considered

  • What is the applicability of anticipatory bail under the circumstances where the accused is the registered owner of the vehicle from which illicit liquor was seized?
  • Does ownership of the vehicle constitute sufficient grounds to deny anticipatory bail under Section 30(a) of the Bihar Prohibition and Excise Act?

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • illicit liquor
  • ownership
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43202 of 2026
                        Arising Out of PS. Case No.-43 Year-2026 Thana- GOPALPUR District- Patna
                 ======================================================
                 Aryan Kumar S/o Kishor Sahani @ Kishore @ Kishore Prasad R/o House no.
                 8, Malahi Pakari, P.O.- Lohiya Nagar, P.S.- Kankarbagh, Distt.- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Piyush Saurav, Advocate
                                                   Mr. Abhishek Mishra, Advocate
                                                   Mr. Ravikant Tiwari, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Singh, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   02-07-2026                   Heard learned counsel for the petitioner and the State.

                                 2. Petitioner apprehends arrest in Gopalpur P.S. Case

                   No. 43 of 2026 registered for the offence punishable under

                   Section 30(a) of Bihar Prohibition and Excise Act.

                                 3. As per prosecution case, 40 liters illicit liquor was

                   recovered from the seized motorcycle of which this petitioner is

                   registered owner.

                                 4. Learned counsel for the petitioner submits that no

                   incriminating material has been recovered from conscious

                   possession of the petitioner. Petitioner has got no concern with

                   the alleged recovery and he has been made accused in this case

                   only on suspicion. Petitioner claims clean antecedent.

                                 5. Learned A.P.P. for the State opposes the prayer for
           Patna High Court CR. MISC. No.43202 of 2026(2) dt.02-07-2026
                                                       2/2




                     bail of the petitioner.

                                  6. Considering the fact that petitioner is owner of the

                     seized motorcycle, prayer for anticipatory bail of the petitioner

                     is refused.



                                           (Prabhat Kumar Singh, J)
Navya/Sanjay-

U      T


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