Patna High Court
Santosh Prasad @ Santosh Kumar PrasadversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner with conditions, holding that the bar under section 76(2) does not preclude bail where no offence is made out.
Summary
The petitioner, Santosh Prasad, sought anticipatory bail fearing arrest in a case (Dariyapur PS Case No.571 of 2025) under section 30(a) of the Bihar Prohibition and Excise Act for alleged possession of 750 ml of foreign liquor seized from a motorcycle. He contended that the motorcycle had been sold to Mithilesh Kumar and not transferred in his name, and he had no prior criminal record. The State argued that the petitioner was the owner of the vehicle. Relying on the Full Bench decision in Ram Vinay Yadav v. State of Bihar (2019 (2) PLJR 1089), which permits anticipatory bail despite the bar in section 76(2) if no offence is made out, the court examined the facts. Finding no criminal antecedent and accepting the petitioner's claim of non‑ownership, the court granted anticipatory bail with a Rs 10,000 bond, two sureties and several conditions regarding appearance, cooperation, and non‑interference with evidence. The bail order is effective for four weeks from the date of the order.
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 alleged ownership of the motorcycle makes him liable for the offence under section 30(a).
Subjects
- anticipatory bail
- Bihar Prohibition and Excise Act
- section 30(a)
- section 76(2)
- vehicle ownership
- seizure of liquor
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20466 of 2026
Arising Out of PS. Case No.-571 Year-2025 Thana- DARIYAPUR District- Saran
======================================================
Santosh Prasad @ Santosh Kumar Prasad S/O Binod Prasad Resident Of
Village- Tarwan Mangarpal, P.o.- Tarwan Mangarpal, P.s.- Dariyapur, Dist.-
Saran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh
For the Opposite Party/s : Mr. Nityanand, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 08-04-2026 Heard Mr. Prabhat Kumar Singh, learned counsel for
the petitioner and the State.
2. The petitioner is apprehending his arrest in
connection with Dariyapur P.S. Case No. 571 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 750 ml foreign liquor. This led to the FIR.
4. Learned counsel for the petitioner submits that only
because he earlier used to own the motorcycle, got implicated.
Actually, it was sold to one Mithilesh Kumar but since the
vehicle was not transferred in his name, got implicated. The last
Patna High Court CR. MISC. No.20466 of 2026(2) dt.08-04-2026
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submission is that the petitioner do not have criminal
antecedent.
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 he
is the owner of the motorcycle.
7. Considering the submissions of the parties, as
recorded above, coupled with the fact that he has no criminal
antecedent and the judgment in the case of Ram Vinay Yadav
(supra), 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
Patna High Court CR. MISC. No.20466 of 2026(2) dt.08-04-2026
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satisfaction of learned Additional Sessions Judge-cum-
Exclusive Special Court Excise Act-1, Saran, Chapra in
connection with Dariyapur P.S. Case No. 571 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
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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/-
U T
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