Patna High Court
Ashok NatversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioner subject to stringent conditions.
Summary
The petitioner, Ashok Nat, was implicated in a case under Section 30(a) of the Bihar Prohibition and Excise Amendment Act for alleged possession of eight litres of country-made liquor recovered from behind his house. No liquor was seized from his conscious possession or residence. He applied for anticipatory bail, citing a Full Bench decision in Ram Vinay Yadav v. State of Bihar which permits such bail despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The State opposed, highlighting the petitioner’s criminal antecedent. The Court, relying on the precedent and the lack of direct recovery, granted anticipatory bail with a bail bond of Rs.10,000 and several conditions including daily police attendance for a month and regular court appearances. The order emphasizes that any breach of conditions may lead to cancellation of the bail.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Amendment Act despite the bar under Section 76(2).
- Whether the absence of seizure from the petitioner’s conscious possession precludes denial of bail.
- Whether the petitioner’s prior criminal antecedent bars the grant of anticipatory bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Amendment Act
- Section 30
- Section 76
- CrPC Section 438
- seizure of liquor
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15179 of 2026
Arising Out of PS. Case No.-307 Year-2025 Thana- JALALPUR District- Saran
======================================================
Ashok Nat S/O Late Dinanath Nat R/V Mangolapur. P.S - Jalalpur, Dist-Saran
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sanjeet Kumar Singh, Advocate
For the Opposite Party/s : Mr.Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard the parties.
2. The petitioner is apprehending arrest in connection
with Jalalpur P.S. Case No. 307 of 2025 instituted under
Section 30(a) of the Bihar Prohibition and Excise Amendment
Act lodged on 12.02.2025 by the informant, Radha Mohan
Singh.
3. As per the prosecution story, the allegation is that
on secret information, behind the house of the present petitioner,
there is recovery/seizure of 8 liters of country made liquor in
four plastic bottles of two liters each. This led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession or
house rather from behind the house and only because of
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criminal antecedent, got implicated.
5. Further, learned counsel for the petitioner relied on
the judgment of the Full Bench of Hon’ble Patna High Court in
the case of Ram Vinay Yadav vs. State of Bihar reported in
2019 (2) PLJR 1089 wherein it has been held that an
application for anticipatory bail in a case arising out of Bihar
Excise and Prohibition Act can be maintained, despite the bar
under Section 76(2) of the Act, if on the basis of allegation
made in the FIR, no offence under the said provision is made
out.
6. Learned APP, Mr. Bharat Bhushan opposes the
prayer submitting that the petitioner has criminal antecedent.
7. Learned counsel for the petitioner submits that he is
ready to put in his attendance for every day for next one month
before the concerned police station and if it is found that he is
indulged in any criminal activity in future, the State can take
steps for cancellation of present bail bond, if he is granted relief.
8. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that nothing has been recovered from his conscious
possession or from the house, in that background this Court is
inclined to extend him the privilege of anticipatory bail.
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9. Let the petitioner be released on bail, in the event
of his arrest or surrender before the concerned court within a
period of four weeks from the receipt of this order, on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each in connection with Jalalpur P.S. Case No.
307 of 2025 to the satisfaction of learned 2nd Exclusive Special
Excise Judge, Saran at Chapra subject to the conditions as laid
down under Section 438(2) of the Cr.P.C. as also the other
conditions.
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Driving License/Voter ID/Pan Card
etc.) to show his/her bona fide;
(ii) the petitioner shall be appearing before the police
station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iv) the petitioner shall appear before the concerned
police station every day for one month and later every fortnight
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for next six months to mark his attendance and at the end of the
period a certificate be submitted before the Trial Court failing
which the State shall be at liberty to take steps for cancellation
of bail bonds;
(v) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(vi) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
10. It is made clear that he shall put in his attendance
for every day for next one month before the concerned police
station from the date he shall furnish his bail bond.
(Rajiv Roy, J)
Ravi/-
U T
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