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Patna High Court

Rajesh KumarversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

Petitioner Rajesh Kumar sought anticipatory bail after the police recovered 980 litres of spirit from a tempo registered in his name, alleging offences under Sections 30(a), 32(2), 41(1) and 56(b) of the Bihar Prohibition and Excise Act. The petitioner contended that he had no incriminating material in his conscious possession and was falsely implicated. The State opposed the bail, highlighting the large quantity of spirit found in the vehicle and the petitioner’s two prior criminal antecedents. The court examined the link between ownership of the vehicle and actual possession, and considered the relevance of the petitioner’s past convictions. Relying on the seriousness of the offence and the antecedents, the court rejected the petition for anticipatory bail.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the Bihar Prohibition and Excise Act given the recovery of a large quantity of spirit from a vehicle registered in his name
  • Whether the petitioner’s prior criminal antecedents justify denial of anticipatory bail

Subjects

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

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79971 of 2025
                       Arising Out of PS. Case No.-1099 Year-2025 Thana- Excise P.S. District- Patna
                 ======================================================
                 Rajesh Kumar, Son of Late Bechan Prasad @ Bachan Prasad, Resident of
                 Village- Mirnagar, Post- Mirnagar, P.S.- Sarmera, Mirnagar, Dist.- Nalanda,
                 Bihar, 811105

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :         Mr. Ravi Kumar Sinha, Advocate
                 For the Opposite Party/s :         Mr. Lalan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned A.P.P. appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 30(a),

                   32(2), 41(1), 56(b) of the Bihar Prohibition and Excise Act.

                                3. As per prosecution case, 980 litres spirit was

                   recovered from the tempo of which this petitioner is registered

                   owner.

                                4. Learned counsel appearing for the petitioner

                   submits that petitioner is innocent and has falsely been

                   implicated in this case. No incriminating material has been

                   recovered from the conscious possession of this petitioner and

                   he is in no way connected with the aforesaid recovery.
            Patna High Court CR. MISC. No.79971 of 2025(2) dt.15-01-2026
                                                        2/2




                                   5. On the other hand, learned A.P.P. for the State has

                      vehemently opposed the prayer for grant of anticipatory bail to

                      the petitioner and submitted that huge quantity of spirit was

                      recovered from the vehicle of which this petitioner is registered

                      owner and he has two criminal antecedents.

                                   6. Considering the two criminal antecedents and the

                      fact that huge quantity of spirit was recovered from the vehicle

                      of which this petitioner is registered owner, the prayer for grant

                      of anticipatory bail to the petitioner is rejected.



                                            (Prabhat Kumar Singh, J)
khushbu/-

U


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