Patna High Court
Ganesh Kumar AgrawalversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bihar Prohibition and Excise Act — s. 30(a)
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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