Patna High Court
Rajesh KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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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