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Patna High Court

Vikash KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the vehicle from which foreign liquor was seized established sufficient grounds for detention.

Summary

The petitioner, Vikash Kumar, sought anticipatory bail after the police seized a motorcycle he owned from which 4.320 liters of foreign liquor were recovered, leading to charges under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his conscious possession and that he was implicated only on suspicion, asserting a clean antecedent. The State opposed the bail, emphasizing the recovery of liquor from the petitioner’s vehicle. The Court considered the ownership of the motorcycle and the quantity of liquor seized. Concluding that the facts indicated sufficient nexus between the petitioner and the contraband, the Court refused the prayer for anticipatory bail. The bail petition was therefore dismissed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of seizure of foreign liquor from his vehicle.

Legislation cited

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • foreign liquor
  • seizure
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43226 of 2026
                 Arising Out of PS. Case No.-150 Year-2021 Thana- VISHAMBHARPUR District- Gopalganj
                 ======================================================
                 Vikash Kumar S/o Late Nagendra Sharma (Age as per Aadhar Card) Resident
                 of Village - Lakari / Ladhi, Near - Mandir Sarari, P.S - Goreyakothi, District -
                 Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Kundan Rathore Alias Kundan Kr., Adv.
                 For the Opposite Party/s :      Mr. Nand Kumar, 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 Vishambharpur P.S.

                   Case No. 150 of 2021 registered for the offence punishable

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

                                3. As per prosecution case, total 4.320 liters of foreign

                   liquor was recovered from the seized motorcycle, petitioner is

                   the owner of the motorcycle.

                                 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.43226 of 2026(2) dt.07-07-2026
                                                       2/2




                     bail of the petitioner.

                                  6. Considering the fact that the 4.320 liters of foreign

                     liquor was recovered from seized motorcycle and also the

                     petitioner is the owner of the seized motorcycle, prayer for

                     anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Sanjay/Alok-

U      T


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