Patna High Court
Anarul HaqueversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was refused.
Summary
The petitioner, Anarul Haque, sought anticipatory bail after learning that a case had been registered against him under the Bihar Prohibition and Excise Act for the alleged possession of 49.320 litres of illicit foreign liquor recovered from his tempo. The prosecution alleged that the vehicle, bearing registration BR11M7796, belonged to the petitioner and was the site of the seizure. The petitioner contended that no incriminating material was found in his conscious possession, that he had no direct involvement in the recovery, and that he possessed a clean antecedent. The State opposed the bail, emphasizing the large quantity of contraband and the petitioner’s ownership of the vehicle. The Court considered the seriousness of the offence and the ownership link, and consequently refused the prayer for anticipatory bail. The petition for anticipatory bail was therefore dismissed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in a case involving alleged possession of illicit liquor recovered from his vehicle.
Legislation cited
- Bihar Prohibition and Excise Act — s. 30(a), 32, 41, 47
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43662 of 2026
Arising Out of PS. Case No.-59 Year-2022 Thana- KOCHADHAMAN District- Kishanganj
======================================================
Anarul Haque Son of Aainul Haque Resident of Village- Kamaripur
Soharadangi, P.S.- Manihari, District- Katihar (Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-07-2026 Heard learned counsel for the petitioner and the
State.
2. Petitioner apprehends arrest in Kochadhaman P.S.
Case No. 59 of 2022, registered for the offence punishable
under Section 30(a), 32, 41 and 47 of Bihar Prohibition and
Excise Act.
3. As per prosecution case, total 49.320 liters of illicit
foreign liquor was recovered from the tempo (vehicle) of the
petitioner bearing registration no. BR11M7796.
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.43662 of 2026(2) dt.08-07-2026
2/2
5. Learned A.P.P. for the State opposes the prayer for
bail and submits that recovery has been made from the seized
vehicle of which this petitioner is registered owner.
6. Considering the huge quantity of recovery of illicit
liquor and also the fact that petitioner is registered owner of the
seized vehicle, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Alok/Sanjay-
U T
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