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Patna High Court

Santosh Prasad @ Santosh Kumar PrasadversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                                            3/4




          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
           Patna High Court CR. MISC. No.20466 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      T


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