Patna High Court
Rakesh Sapera @ Rakesh NutversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
Anticipatory bail may be granted where the seizure is not from the petitioner’s possession and the FIR does not constitute an offence, notwithstanding Section 76(2) of the Bihar Prohibition and Excise Act.
Summary
The petitioner, Rakesh Sapera, sought anticipatory bail in connection with a case under Section 30(a) of the Bihar Prohibition and Excise Act where 30 litres of illicit liquor were seized near a village temple, not from his conscious possession. The prosecution alleged the seizure based on a tip from an informant and highlighted the petitioner’s prior criminal record. The petitioner argued that no offence was made out against him and relied on the Patna High Court Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when the FIR does not disclose a cognizable offence. The State opposed the bail on the ground of the petitioner’s antecedents. The Court, considering the facts and the cited precedent, granted anticipatory bail with a set of stringent conditions, including bond, sureties, regular appearances before police and court, and non‑interference with witnesses.
Issues considered
- Whether anticipatory bail can be granted under the Bihar Prohibition and Excise Act despite the bar in Section 76(2) when the FIR does not disclose a specific offence.
- Whether the petitioner’s prior criminal antecedents preclude the grant of anticipatory bail.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30(a)
- Section 76(2)
- criminal antecedent
- seizure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15358 of 2026
Arising Out of PS. Case No.-680 Year-2024 Thana- ISLAMPUR District- Nalanda
======================================================
Rakesh Sapera @ Rakesh Nut Son of Suren Nut @ Soren Sapera R/o Vill. -
Khatolna Bigha, P.S - Islampur, Dist. - Nalanda.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Birendra Kumar, Advocate
For the Opposite Party/s : Mr. Bishweshwar Ram, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 12-03-2026 Heard Mr. Birendra Kumar, learned counsel for the
petitioner and Mr.Bishweshwar Ram, learned APP for the State.
2. The petitioner is apprehending his arrest in
connection with Islampur P.S. Case No. 680 of 2024 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act lodged on 08.12.2024 by the informant, Suman Saurabh.
3. As per the prosecution story, the informant alleged
that on secret information the place was raided and near the
temple of Khatolna Bigha village, there is a recovery of 30 litres
of country-made liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from the conscious possession of
the petitioner rather the recovery has been made from an open
place. Only because he has criminal antecedent, the local due to
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enmity have named him.
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
petitioner has two criminal antecedents.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that recovery / seizure is near the temple not from his
conscious possession, in that background, this Court is inclined
to extend him the privilege of anticipatory bail with conditions.
8. 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 Exclusive Special Excise Judge II nd,
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Hilsa, Nalanda in connection with Islampur P.S. Case No. 680
of 2024, 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,
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
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criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
atul/-
U T
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