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Patna High Court

Jai Nandan Singh @ Jay Nandan SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            3/4




          (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
                                                       4/4




                     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/-

U


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