Patna High Court
Shashikant Dubey @ Chotu DubeyversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court held that anticipatory bail is appropriate and granted it with conditions.
Summary
Shashikant Dubey, a 20‑year‑old student, was implicated in a case (Yogapatti PS Case No. 492 of 2025) for alleged possession of 19.260 ml of foreign liquor seized from a motorcycle registered in his mother’s name. He applied for anticipatory bail under the Bihar Prohibition and Excise Act, arguing that the liquor was not in his conscious possession and that he has no criminal antecedent. The State opposed, contending that the vehicle belongs to the family. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar, which permits anticipatory bail despite the bar in Section 76(2) when no offence is made out, the Court granted anticipatory bail with a bond of Rs.10,000 and several conditions regarding sureties, appearance before police and courts, and non‑interference with witnesses. The order directs that the bail be effective if the petitioner is arrested or surrenders within four weeks.
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 petitioner’s lack of conscious possession and clean record justify the grant of anticipatory bail.
- Whether ownership of the vehicle by a family member affects the petitioner’s liability.
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- Section 30
- Section 76(2)
- seizure of liquor
- motor vehicle ownership
- criminal antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20456 of 2026
Arising Out of PS. Case No.-492 Year-2025 Thana- JOGAPATTI District- West Champaran
======================================================
Shashikant Dubey @ Chotu Dubey S/o Thakur Dubey Resident Of Village-
Gora, P.S.- Shanichari, Dist- West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ram Kishun Prasad, Adv.
For the Opposite Party/s : Mr. Akbar Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Ram Kishun Prasad, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Yogapatti P.S. Case No. 492 of 2025 for the
offence under sections 30(a) of the Bihar Prohibition and Excise
Act.
3. As per the prosecution story, the Police on secret
information, intercepted a motorcycle and there is
recovery/seizure of 19.260 ml foreign liquor. This led to the
FIR.
4. Learned counsel for the petitioner submits that
nothing has been recovered from his conscious possession nor
he has criminal antecedent, only because the motorcycle is in
the name of his mother which was given to a friend for
Patna High Court CR. MISC. No.20456 of 2026(2) dt.08-04-2026
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emergency purposes, 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 opposes the prayer submitting that the
motorcycle belongs to the family.
7. Considering the submissions of the parties and the
judgment in the case of Ram Vinay Yadav (supra), as also the
age of the petitioner, is a student, 20 years of age, has no
criminal antecedent, nothing has been recovered 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
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satisfaction of learned Exclusive Special Judge, Excise Court II,
Bettiah, West Champaran in connection with Yogapatti P.S.
Case No. 492 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(s) shall be appearing before the
Police Station as and when required for co-operating 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;
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(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)
Vijay Singh/-
U T
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