Patna High Court
Sunil Kumar YadavversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied because the petitioner’s ownership of the vehicle containing the illicit liquor established sufficient grounds for the court to refuse bail.
Summary
The petitioner, Sunil Kumar Yadav, sought anticipatory bail after the police seized a vehicle registered in his name containing 70 litres of illicit liquor, alleged to be a violation of section 30(a) of the Bihar Prohibition and Excise Act. The prosecution argued that the large quantity of liquor recovered from the petitioner’s vehicle justified denial of bail. The petitioner’s counsel contended that no incriminating material was found in his personal possession and that he was implicated only on suspicion. The court examined the relevance of ownership of the seized vehicle to the grant of anticipatory bail. Considering that the petitioner was the registered owner of the vehicle from which the illicit liquor was recovered, the court refused the prayer for anticipatory bail. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted to a person who is the registered owner of a vehicle from which illicit liquor is seized under the Bihar Prohibition and Excise Act.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- ownership of vehicle
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76391 of 2025
Arising Out of PS. Case No.-53 Year-2025 Thana- CHAPRA MUFFASIL District- Saran
======================================================
Sunil Kumar Yadav S/O Mohan Yadav R/o - Siswakhurd, P.S - Daudpur,
District - Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
Mr. Anant Kumar bhaskar , Advocate
For the Opposite Party/s : MR. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the petitioner and
the State .
2. Petitioner apprehends arrest in a case registered for
the offences punishable under section 30(a) of Bihar Prohibition
and Excise Act.
3 . As per prosecution case , 70 liters of illicit liquor
was recovered from the seized toto of which this petitioner is
registered owner.
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 .
Patna High Court CR. MISC. No.76391 of 2025(2) dt.03-02-2026
2/2
5 . Learned A.P.P. for the State opposed the prayer for
bail of the petitioner and submitted that huge quantity of liquor
has been recovered from seized vehicle of which this petitioner
is registered owner.
6. Considering the fact that petitioner is owner of the
seized vehicles from which huge quantity of illicit liquor has
been recovered, prayer for anticipatory bail of the petitioner is
refused.
(Prabhat Kumar Singh, J)
Koushik/-
U T
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