Patna High Court
Jagdish JoshiversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was not granted.
Summary
The petitioner, Jagdish Joshi, owner of a truck, was implicated in a case where 2833.200 litres of illicit liquor were recovered hidden under the driver’s seat. He filed an anticipatory bail application fearing arrest under sections 30(a), 41(i) and 32(3) of the Bihar Prohibition and Excise Act, 2022. The Patna High Court examined the facts, noting the large quantity of liquor seized and the petitioner’s ownership of the vehicle. The Court held that these circumstances did not merit the grant of anticipatory bail. Accordingly, the application was dismissed and the petitioner was directed to surrender within two weeks to apply for regular bail, failing which the police may arrest him.
Issues considered
- Whether anticipatory bail should be granted to the owner of a vehicle from which a large quantity of illicit liquor was recovered under the Bihar Prohibition and Excise Act, 2022
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- illicit liquor
- seizure
- bail procedure
- criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85419 of 2025
Arising Out of PS. Case No.-238 Year-2024 Thana- MAIRWAN District- Siwan
======================================================
Jagdish Joshi Son of Kishan Joshi Resident of Village- H. No. MCF- 1421, C-
Block, SGM Nagar, NIT, P.S.- M. Nagar, Distt.- Faridabad (Haryana)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Kumari Anupam, Advocate
For the State : Mr. Jharkhandi Upadhyay, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 07-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends arrest in connection
with Mairwa P.S. Case No. 238 of 2024 instituted under
Sections 30(a), 41(i), 32(3) of the Bihar Prohibition and Excise
Act, 2022.
3. The petitioner is the owner of the truck from
which 2833.200 litres of illicit liquor was recovered which was
hidden under the seat of the driver.
4. Considering the huge recovery and the fact that the
petitioner is the owner of the vehicle in question, I am not
inclined to grant anticipatory bail to the petitioner.
5. Accordingly, the application stands dismissed.
6. The petitioner is directed to surrender within two
Patna High Court CR. MISC. No.85419 of 2025(4) dt.07-01-2026
2/2
weeks and pray for regular bail, failing which the
Superintendent of Police, Siwan will take all steps for arrest of
the petitioner.
7. Let a copy of this order be communicated to the
Superintendent of Police, Siwan forthwith through FAX or e-
mail for its compliance.
(Sandeep Kumar, J)
P. Kumar
U T
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