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Patna High Court

Kanhaiya KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied because the petitioner’s multiple prior similar offences outweighed his claim of innocence.

Summary

The petitioner, Kanhaiya Kumar, sought anticipatory bail after learning of a case registered under Sections 30(a) and 32(3) of the Bihar Prohibition and Excise Act for allegedly possessing 11.34 litres of illicit liquor seized from a scooty. He claimed innocence, arguing that no incriminating material was found in his conscious possession and that he was falsely implicated. The State countered that the petitioner has seven prior criminal antecedents of a similar nature. The court considered the seriousness of the offence and the petitioner’s criminal history. Consequently, the court rejected the petition for anticipatory bail, holding that the antecedents outweighed the petitioner's claim of innocence.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under the circumstances of the case
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Subjects

  • anticipatory bail
  • criminal antecedents
  • illicit liquor
  • Bihar Prohibition and Excise Act
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69177 of 2025
                      Arising Out of PS. Case No.-17 Year-2025 Thana- Excise P.S. District- Begusarai
                 ======================================================
                 Kanhaiya Kumar S/O Jay Ram Singh R/O Ward No.- 45, Village/ Mohalla-
                 Chhoti Eighu, P.O- Mohan Eighu, P.S- Begusarai Muffasil, District-
                 Begusarai.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Saket Kumar , Advocate
                 For the Opposite Party/s :         Mr. Syed Mojibur Rahman, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   03-02-2026                           Heard learned counsel for the petitioner and the

                   State .

                                2. Petitioner apprehends arrest in a case registered for

                   the offence punishable under Section 30 (a) and 32 (3) of the

                   Bihar Prohibition and Excise Act.

                                3 . Prosecution case is that 11.34 liters of illicit liquor

                   was recovered from seized scooty .

                                4. It is submitted that the petitioner is innocent and

                   has falsely been implicated in this case . No incriminating

                   material has been recovered from the conscious possession of

                   the petitioner.

                                5 . Learned counsel for the State submits that

                   petitioner has got 7 criminal antecedents of similar nature .
            Patna High Court CR. MISC. No.69177 of 2025(3) dt.03-02-2026
                                                        2/2




                                   6. Considering the fact that petitioner has got 7

                      criminal antecedents of similar nature , prayer for anticipatory

                      bail is rejected.



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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