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Patna High Court

Ganesh Kumar AgrawalversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused as the petitioner’s ownership of the seized vehicle and the magnitude of the contraband justified denial of relief.

Summary

The petitioner, Ganesh Kumar Agrawal, was implicated in a case (PS Case No. 270 of 2021) involving the seizure of 288 litres of illicit liquor from several vehicles, one of which (WB62C3989) is owned by him. The prosecution alleged that the liquor was recovered under Section 30(a) of the Bihar Prohibition and Excise Act. The petitioner argued that no incriminating material was found in his personal possession, asserted his clean antecedents, and sought anticipatory bail on the ground of mere suspicion. The State opposed the bail, emphasizing the large quantity of liquor seized and the petitioner’s ownership of the vehicle. The court, after considering these factors, refused the prayer for anticipatory bail, concluding that the circumstances did not warrant such relief.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite the seizure of a large quantity of illicit liquor and his ownership of the vehicle involved.

Legislation cited

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43625 of 2026
                    Arising Out of PS. Case No.-270 Year-2021 Thana- DARBHANGA SADAR District-
                                                       Darbhanga
                 ======================================================
                 Ganesh Kumar Agrawal Son of Sury Narain Agrawal @ Sury Prasad Agrawal
                 Resident of Village Laukaha, Ward No. 2, P.S.- Laukaha, District -
                 Madhubani

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Vikash Khanna, Advocate
                 For the Opposite Party/s :     Mr. Asha Kumari, 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 Sadar Thana P.S.

                   Case No. 270 of 2021 registered for the offence punishable

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

                                3. As per prosecution case, 288 liters illicit liquor was

                   recovered from the different vehicles. Petitioner is registered

                   owner of one of the vehicles bearing registration no.

                   WB62C3989.

                                 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.
           Patna High Court CR. MISC. No.43625 of 2026(2) dt.07-07-2026
                                                       2/2




                                  5. Learned A.P.P. for the State opposes the prayer for

                     bail of the petitioner.

                                  6. Considering huge quantity of recovery and the fact

                     that petitioner is owner of one of the seized vehicles, prayer for

                     anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Sanjay/Alok-

U      T


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