Patna High Court
Upendra KumarversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied.
Summary
The petitioner, Upendra Kumar, sought anticipatory bail after being implicated in a case under Sections 30(a) and 32(2) of the Bihar Prohibition and Excise Act for the recovery of 200 litres of illicit liquor from a vehicle registered in his name. The prosecution alleged that the liquor was seized from two vehicles, with the petitioner being the registered owner of one. The petitioner argued that he had no conscious possession of the liquor and was falsely implicated solely because of vehicle ownership. The State opposed bail, highlighting the large quantity of liquor recovered and the petitioner’s two prior criminal records, one of a similar nature. The Court, considering the seriousness of the offence, the volume of liquor, and the antecedents, rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the recovery of a large quantity of illicit liquor from a vehicle registered in his name and his prior criminal antecedents.
Subjects
- anticipatory bail
- illicit liquor
- Bihar Prohibition and Excise Act
- vehicle ownership
- criminal antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80064 of 2025
Arising Out of PS. Case No.-614 Year-2016 Thana- SHERGHATI District- Gaya
======================================================
Upendra Kumar, S/o Suresh Yadav, R/o Village- Ghanghari, P.S.- Kataiya,
District- Chara (Jharkhand)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md. Javed Jafar Khan, Advocate
For the Opposite Party/s : Mr. Kumar Veerendra Narayan, 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) and
32 (2) of the Bihar Prohibition and Excise Act.
3. As per prosecution case, 516 litres illicit country
made liquor was recovered from two vehicles. Petitioner is
registered owner of one of the cars from which 200 litres liquor
was recovered.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner has falsely been
implicated in this case merely because he happens to be owner
of the vehicle in question. Nothing has been recovered from the
conscious possession of this petitioner.
Patna High Court CR. MISC. No.80064 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 liquor was
recovered from the vehicle of which this petitioner is registered
owner. Petitioner has got two criminal antecedents out of which
one is of similar nature.
6. Considering the nature of accusation, fact that huge
quantity of illicit liquor was recovered from the vehicle of
which this petitioner is registered owner and criminal
antecedents of the petitioner, the prayer for grant of anticipatory
bail to the petitioner is rejected.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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