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Patna High Court

Mithun Kumar ChaudharyversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioner subject to specified conditions.

Summary

The petitioner, Mithun Kumar Chaudhary, sought anticipatory bail after an FIR was lodged under Section 30(a) of the Bihar Prohibition and Excise Act alleging his involvement in the seizure of 90 litres of illicit liquor. The FIR was based on the testimony of a chowkidar who named the petitioner, but no liquor was recovered from his conscious possession and he has no prior criminal record. The petitioner relied on a Full Bench decision of the Patna High Court in Ram Vinay Yadav v. State of Bihar, which held that anticipatory bail can be granted despite the bar in Section 76(2) if the FIR does not disclose a cognizable offence. The court, after considering the submissions and the precedent, granted anticipatory bail with a set of conditions and a bond of Rs.10,000 with two sureties. The order remains subject to revocation if the petitioner is found to have a criminal antecedent or violates any of the stipulated conditions.

Issues considered

  • Whether anticipatory bail can be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2).
  • Whether the allegations in the FIR constitute a cognizable offence against the petitioner.
  • Whether the petitioner’s lack of conscious possession and clean record justify the grant of anticipatory bail.

Subjects

  • anticipatory bail
  • Bihar Prohibition and Excise Act
  • Section 30
  • Section 76(2)
  • FIR
  • conscious possession
  • bail conditions
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.15318 of 2026
                      Arising Out of PS. Case No.-291 Year-2025 Thana- BARUN District- Aurangabad
                 ======================================================
                 Mithun Kumar Chaudhary S/o Krishna Chaudhary @ Langa R/o Keshopur,
                 P.S.- Barun, Distt.- Aurangabad

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Singh, Advocate
                 For the Opposite Party/s :       Mr. Sanjay Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   12-03-2026                  Heard Mr. Abhishek Kumar Singh, learned counsel

                   for the petitioner and the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Barun P.S. Case No. 291 of 2025 for the

                   offence under sections 30(a) of the Bihar Prohibition and Excise

                   Act lodged on 10.06.2025 by the informant, Dharmendra Kumar

                   Yadav.

                                3. As per the prosecution story, the informant alleged

                   that the Police on secret information, reached near the Sone

                   River Bank. Those present, managed to escape but the

                   chowkidar named them, petitioner included. On search, there is

                   recovery/seizure of 90 liters of country-made liquor. This led to

                   the FIR.

                                4. Learned counsel for the petitioner submits that a
Patna High Court CR. MISC. No.15318 of 2026(2) dt.12-03-2026
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          perusal of the FIR itself would show that nothing has been

          recovered from his conscious possession, only due to enmity,

          the chowkidar named him and he has no criminal antecedent.

                       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 opposes the prayer submitting that the

          chowkidar named him.

                       7. Taking into account the submissions of the parties

          and the judgment in the case of Ram Vinay Yadav (supra), as

          also that nothing has recovered from his conscious possession

          nor he has criminal antecedent, in that background, this Court is

          inclined to extend him the privilege of anticipatory bail with

          conditions.

                       8. If, however, it is found that contrary to the

          statement made in paragraph-3, the petitioner has criminal
Patna High Court CR. MISC. No.15318 of 2026(2) dt.12-03-2026
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          antecedent, the present order shall become infructuous.

                       9. Let the petitioner be released on bail in the event of

          arrest or surrender 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 like amount each to the

          satisfaction of learned District and Additional Sessions Judge-

          Cum-Exclusive Special Judge, Excise Court No. 1, Aurangabad

          in connection with Barun P.S. Case No. 291 of 2025 subject to

          the following conditions:

                       (i) one of the bailor should be the family

          member/relative of the petitioner who shall provide official

          document 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 fortnight for six months to mark his

          attendance and after the end of the period, the certificate shall be
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                    submitted before the Trial Court failing which steps shall be

                    taken for the cancellation of the 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.



                                                   (Rajiv Roy, J)
Adnan/-

U     T


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