Patna High Court
Santosh RaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail was granted to the petitioner subject to conditions, as the FIR did not establish a prima facie case and the petitioner had no criminal antecedent.
Summary
The petitioner, Santosh Rai, sought anticipatory bail in connection with a FIR under section 30(a) of the Bihar Prohibition and Excise Act alleging seizure of 34.560 litres of foreign liquor from a motorcycle. He contended that the motorcycle did not belong to him, he had no criminal antecedent, and relied on the Full Bench judgment in Ram Vinay Yadav v. State of Bihar which held that anticipatory bail can be granted despite the bar under Section 76(2) if the FIR does not disclose a cognizable offence. The State opposed, asserting that the apprehended person named the petitioner. The Court, after considering the submissions and the precedent, found no material to establish a prima facie case against the petitioner and therefore granted anticipatory bail with a set of conditions, reserving the right to cancel the bail if any adverse facts emerge.
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) when the FIR does not disclose a cognizable offence.
- Whether the petitioner, lacking criminal antecedent and not in possession of the seized liquor, is entitled to anticipatory bail.
- Whether the allegations in the FIR constitute an offence under section 30(a) of the Bihar Prohibition and Excise Act.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- criminal antecedent
- seizure of foreign liquor
- High Court
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15323 of 2026
Arising Out of PS. Case No.-356 Year-2025 Thana- RAJEPUR District- East Champaran
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Santosh Rai son of Kishundev Rai Resident of village -Naraha PS -Rajepur
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ujjwal Kumar Singh, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr. Ujjwal Kumar Singh, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Rajepur P.S. Case No. 356 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 28.12.2025 by the informant, Abhishek Kumar
Upadhyay.
3. The allegation in the FIR is that on secret
information, motorcycle was intercepted and there is
recovery/seizure of 34.560 liters of foreign liquor. This led to
the FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent nor the motorcycle belongs to
him but Ravindra Rai who was apprehended, gave his name.
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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
person apprehended, 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 been recovered from his conscious
possession nor he has any 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
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
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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 Exclusive Special Judge, Excise Court-3,
East Champaran, Motihari in connection with Rajepur P.S. Case
No. 356 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
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,
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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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