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Patna High Court

Anarul HaqueversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

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

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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