Patna High Court
Jai Nandan Singh @ Jay Nandan SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that anticipatory bail may be granted as the petitioner has no criminal antecedent and no direct possession of the contraband, notwithstanding the statutory bar in Section 76(2).
Summary
The petitioner, Jai Nandan Singh, sought anticipatory bail fearing arrest in a case under Section 30(a) of the Bihar Prohibition and Excise Act after police seized 200 litres of illicit liquor from a car he owned. He contended that he had no criminal antecedent and the vehicle was lent to a friend, thus he should not be implicated. The prosecution argued ownership of the car linked him to the offence. Relying on the Patna High Court’s 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 examined the facts. Finding no evidence of the petitioner’s possession or prior record, the court granted anticipatory bail with stringent conditions, reserving the right to cancel the bail if circumstances changed.
Issues considered
- Can anticipatory bail be granted in a case under the Bihar Prohibition and Excise Act despite the bar under Section 76(2)?
- Whether the petitioner’s ownership of the vehicle, without personal possession of the seized liquor, suffices to constitute an offence.
- What conditions are appropriate for granting anticipatory bail in such excise matters?
Subjects
- anticipatory bail
- excise law
- prohibition act
- seizure of liquor
- criminal antecedent
- Section 30(a)
- Section 76(2)
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20460 of 2026
Arising Out of PS. Case No.-957 Year-2025 Thana- DIGHA District- Patna
======================================================
Jai Nandan Singh @ Jay Nandan Singh S/O Late Mukh Lal Singh Resident of
Road No. 98, Rajiv Nagar, P.O.- Baba Chak, P.S.- Rajiv Nagar, Patna-
800024, Bihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Apurva Kumar, Adv.
Mr. Santosh Bharti, Adv.
For the Opposite Party/s : Mr. Bharat Bhushan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard the parties.
2. The petitioner is apprehending his arrest in
connection with Digha P.S. Case No. 957 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 vehicle (car) and there is
recovery/seizure of 200 litre country made liquor in total 10
boulders. This led to the FIR.
4. Learned counsel for the petitioner submits that he
do not have criminal antecedent and only because he owns the
car, got implicated. Actually, it was handed over to his friend for
emergency purposes which has been misused.
Patna High Court CR. MISC. No.20460 of 2026(2) dt.08-04-2026
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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, Mr. Bharat Bhushan opposes the
prayer submitting that he owns the car.
7. Taking into account the submissions of the parties
and the judgment in the case of Ram Vinay Yadav (supra), as
also that he do not have 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. If it is found that 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
receipt of this order, on furnishing bail bond of Rs. 10,000/-
Patna High Court CR. MISC. No.20460 of 2026(2) dt.08-04-2026
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(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Court of Special Judge, Excise-2nd,
Patna in connection with Digha P.S. Case No. 957 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
Patna High Court CR. MISC. No.20460 of 2026(2) dt.08-04-2026
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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)
Vijay Singh/-
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